Printing & Kindred Industries Union v. Bendigo Advertiser & Independent Pty Ltd [1988] FCA 48

CATCHWORDS Industrial law - award - interpretation - introduction of electronic equipment - redundancy - whether employee of

pensionable retiring age entitled to compensation.

Conciliation and Arbitration Act 1904 s. 110

Country Printing Award 1959 cll. 15, 15A, 15B, 15C

PRINTING AND KINDRED INDUSTRIES UNION ve BENDIGO

ADVERTISER AND INDEPENDENT PTY. LIMITED

No. NSW 23 of 1987

Gray J.

MELBOURNE

25TH FEBRUARY 1988

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. NSW 23 of 1987

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INDUSTRIAL DIVISION

PRINTING AND KINDRED INDUSTRIES UNION

Applicant

BENDIGO ADVERTISER AND INDEPENDENT PTY. LIMITED

Respondent

MINUTES OF ORDER

THE COURT ORDERS AND DECLARES that, on the true construction

of cl. 15(b) of the Country Printing Award 1959, an employee

who has reached pensionable retiring age in the circumstances described in cl. 15(a) of that award is not entitled to the

compensation subject of cl. 15¢b)(ii).

(NOTE: Settlement and entry of orders is dealt with by 0. 36

of the Federal Court Rules.)

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No. NSW 23 of 1987 )

INDUSTRIAL DIVISION )

PRINTING AND KINDRED INDUSTRIES UNION Applicant

BENDIGO ADVERTISER AND INDEPENDENT PTY LIMITED

Respondent

REASONS FOR JUDGMENT

JUDGE: Gray J.

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LACE: Melbourne

DATE: 25th February 1988

The applicant in this proceeding, the Printing and Kindred Industries Union ("the Union"), is an organization of

employees, registered pursuant to the Conciliation and Arbitration Act 1904 ("the Act"). The Union is a party to, and it and its members are bound by the Country Printing Award 1959 ("the Award"), an award made pursuant to the Act. The respondent, Bendigo Advertiser and Independent Pty. Limited, is a company which carries on the business of printing, and which is bound by the Award, by virtue of being named therein as a