Australian and New Zealand Banking Group Ltd & Ors v. Australian Bank Employees Union [1988] FCA 37

JUDGMENT No. 37.78%...

CATCHWORDS

Industrial Law - Conciliation and Arbitration Act 1904 - application under 3.110 for construction 2fF an award - eequest under 3.118C bEhat the yorsceeding Se heard and desarmined by a Fuli Cours - matters taken into acecsunt in granting the request.

Conciliation and Arbitrationm Act 1904 35.110,1188,118C,113

AUSTRALTA AND NEW CEALAND BANKING GROUP LIMITED and OTHERS

and AUSTRALIAN BANK EMPLOYEES' UNTON

Vo Ne. 22s of 1327

NORTHROP JG. 1 FEBRUARY 1983

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V. No. 216 of 1987

wer

INDUSTRIAL DIVISION

BETWEEN:

AUSTRALIA AND NEW SFALAND

BANKING GROUP LIMITED and OTHERS Applicants and AUSTRALIAN BANK EMPLOYEES' UNION Pespondent

COURT: NORTHRGF J.

DATE : 1 FEBRUARY 1988

PLACE: MELBOURNE

EX TEMPOPE REASONS FOR JUDGMENT

This 15 a further directions hearing in this matter, which has been brought pursuant to 5.110 of the

Conciiration and Arbitration Act 1304. in which the

applicants, being certain banks bcund by an award, the Bank Officials \FPederal; (1363) Award, are seeking a2 toanstruction af cartain provisions of that award. The respondent 15 the

Australian Bank Employees Union, which 15 a party to that

award.

bs

The construction sought by the banks 1s set out in Paragraph 11 of the application. Pursuant to points of contention of fact and law, which have been filed on behalf of the respondent, 1t is apparent that the Union is Mazntaining 105 position that the construction sought by the banks, even aif correct, will not have the effect or determining all the issues raised by the large number of applications brought by the Australian Bank Employees' Union against banks pursuant to 5.113 of the Act in which the Union 1s seeking the imposition of penalties 'for breaches of the award. Those proceadings are continuing, but a discrete issue is raised by the croceedings curcently osfore me, and