Building Workers Industrial Union of Australia v. M.B.A. of NSW [1987] FCA 9

' . > x . . ' . .

CATCHWNORDS

INDUSTRIAL LAN - Whether injured employee entitled to public holidays without deduction of pay whilst in receipt of or entitled to worker's compensation payments under NSW Compensation

Act - Interpretation of Award.

Re Rubber Plastic and Cable Making Industry Award (1965-6) 8 FLR 395 . Carmichael v Colonial Suaqar Refining Co Limited (1944) 44 SR (NSW) 233

Thonpson v_ Armstrong and Royse Pty Ltd (1950) 81 CLR 585 Clifford Smith v Australian Wire Industries Pty Limited

Cone1liation and Arbitration Act 1904 s.110

Workers' Compensation Act 1926 (NSW) s.7

National Building Trades Construction Award 1975, Print No. C6006 Clause 20

BUILDING WORKERS' INDUSTRIAL UNION OF AUSTRALTA v MASTER BUILDERS ASSOCIATION OF NEW SOUTH WALES AND ANOR 1119/1985

Evatt J Sydney 22 January 1987

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. 19 of 1985 INDUSTRIAL DIVISTON

IN THE MATTER of the Conciliation and Arbitration Act 1904-1980, s.110

BETWEEN: BUILDING WORKERS INDUSTRIAL UNION OF AUSTRALIA

Applicant

AND: MASTER BUILDERS ASSOCIATION OF NEW SOUTH WALES

Pirst Respondent

AND: FYNA CONSTRUCTIONS (NSW) PTY LIMITED

Second Respondent

CORAM: Evatt J DATE : 22 January 1987 PLACE: Sydney

MINUTES OF ORDER That on the proper interpretation of Clause 20 ~- Public Holidays of the National Building Trades Construction Award, the Court determines that an employee employed under the National Building Trades Construction Award 1975 is, pursuant to the said clause, entitled to payment by his employer for any public holiday set out therein which falls during any period when he is receiving or is entitled to receive any payment of compensation from such

employer or that employer's insurer under the Workers'

Compensation Act 1926 (NSW). Orders Accordingly.

Note: Settlement and entry of orders is dealt with 1n Order 36 of the Federal Court Rules.