Printing & Kindred Industrial Union & Anor v Davies Bros Ltd [1986] FCA 640

ae

CATCHWORDS Industrial law - award - interpretation of certified agreement - whether "employees" includes casual employees - whether ambiguity - parol evidence rule - evidence of circumstances when agreement made - actual intention of party - evidence of subsequent conduct

of parties.

Conciliation and Arbitration Act 1904 5s. 110

Newspaper Printing Agreement 1979

Saturday Evening Mercury Agreement

Federal Newspaper Printing Agreement 1953

Pickard v. John Heine & Son Ltd. (1924) 325 C.L.R. 1 Kirkness v. John Hudson & Co. Ltd. £13555] A.C. 6596

Codelfa Construction Pty. Ltd. v. State Rail Authority of New

South Wales (1982) 149 C.L.R. 337

Seamen's Union of Australia v. Adelaide Steamship Co. Ltd. (1976)

46 F.L.R. 444

Merchant Service Guild of Australia v. Sydney Steam Collier

Owners and Coal Stevedores Association (1958) 1 F.L.R. 248

PRINTING AND KINDRED INDUSTRIES UNION AND ANOR. v. DAVIES BROS.

LIMITED _

N.S.W. No. I. 8 of 1986 2 LS GRAY J. oo 23RD DECEMBER 1986 ONES MELBOURNE , 1. %

OF ' \Oe = or i >" > ' Or ' . '

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N.S.W. No. I. 8 of 1986

INDUSTRIAL DIVISION

BETWEEN:

PRINTING AND KINDRED INDUSTRIES UNION

First Applicant

CHRISTOPHER HARVEY

Second Applicant

AND

DAVIES BROS. LIMITED

Respondent JUDGE: GRAY J. DATE: 23RD DECEMBER 1986

REASONS FOR JUDGMENT:

The Newspaper Printing Agreement 1979 is an agreement

made between the Printing and Kindred Industries Union and various proprietors of newspapers. On ist December 1981, a memorandum of the agreement was certified by the Australian Conciliation and Arbitration Commission, pursuant to s. 28 of the Conciliation and Arbitration Act 1904 ("the Act"). Clause 43 of