Northern Star Ltd v Printing & Kindred Industries Union [1986] FCA 151

CATCHWORDS

INDUSTRIAL LAW - Interpretation of printing award - Division of functions between PKIU members and others - Issue as to function of taking initial instructions from customers - Whether words "as they affect liaison with the customer for the validating, checking and consequential correction function" qualify both operation of the equipment and the giving of typesetting instructions -- Significance of allocation to non PKIU members of the function of checking with customers "whether performed before

or after entry of the advertisement into the system".

Conciliation and Arbitration Act 1904 s.110 The Country Printing Award, 1959 cl1.15

In re John Fairfax & Sons Limited £1977] AR 529, Master Builders' Association of Victoria v Australian Building Construction

Employees' and Builders Labourers' Federation (1981) 54 FLR 358,

Seamen's Union of Australia v Adelaide Steamship Co Limited (1976) 46 FLR 444 referred to.

NSW 22 of 1985 NORTHERN STAR LIMITED v PRINTING AND KINDRED INDUSTRIES UNION

Wilcox J Sydney 29 April 1986

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. 22 of 1985 ) INDUSTRIAL DIVISION )

IN THE MATTER OF the

Country Printing Award, 1959.

BETWEEN: NORTHERN STAR LIMITED Applicant

AND: PRINTING AND KINDRED INDUSTRIES UNION

Respondent CORAM: WILCOX J PLACE: SYDNEY DATE: 29 APRIL 1986 MINUTES OF ORDER THE COURT ORDERS THAT: 1. Upon its true construction cl.15 of the Country

Printing Award excludes from performance by members of the Printing and Kindred Industries Union employed

by the applicant, except at the discretion of the

applicant, any work which involves the operation of the electronic equipment of the applicant used in connection with the entry into storage of advertising material, including the recording upon that equipment of instructions as to the typesetting of that material, being work which affects liaison with any customer of the applicant for the purpose of the validation, checking or consequential correction of such material and whether or not such work is performed before or after the said advertising material is entered into storage upon the equipment.