Federal Court of Australia
192) Se
CATCHWORDS
Industrial Law - Conciliation and Arbitration Act 1904 -
interpretation of an Award - whether employer has power to direct an employee when to take ameal break - relationship between Award and contract of employment.
Conciliation and Arbitration Act 1904 5.110, s.118C,
s.119
AUS I NEW BANKING GROUP LIMITED and OTHERS
and AUS' YEES' UNIO.
V. No. 216 of 1987
NORTHROP, GRAY AND RYAN JJ. 15 APRIL 1988 MELBOURNE
N co AU A
Vv 0 s TRY 1. I DIviIst
V No. 216 of 1987
BETWEEN : US A NG GROUP LIMITED, TION. s BANK and TPAC ING CORPORATION Applicants and AU: IAN LOYEES' UNION Respondent COURT: NORTHROP, GRAY AND RYAN JJ. DATE : 15 APRIL 1988 PLACE: MELBOURNE
MINUTES OF ORDER
THE COURT ORDERS that the application be dismissed.
(Settlement and entry of Orders is dealt with in 0.36 of the Federal Court Rules)
IN_THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) V. No. 216 of 1987 ) SNDUSTRIAL DIVISION ) BETWEEN : ING GROUP ' NATIONAL AUSTRALIA BANK LIMITED and PO: 0 Applicants and LO ' UNION Respondent COURT: NORTHROP, GRAY AND RYAN JJ. DATE : 15 APRIL 1988 PLACE: MELBOURNE REASONS FOR JUDGMENT THE COURT:
Each of the applicants carries on the business of
banking in Australia. Each is a party to, and therefore
bound by, the Bank Officials' (Federal) (1963) Award ("the Award"), an award made under the Conciliation and Arbitration Act 1904 ("the Act"). Other companies carrying on the business of banking in Australia are parties to the Award. They have been given an opportunity of being heard by the Court with respect to the application, but have not appeared. The respondent ("the Union") is an organization of employees
under the Act. It is a party to the Award and thus it and
its members are bound by the Award. Each of the applicants employs at numerous offices and banks throughout Australia persons who are members of the Union. Each of those employees is employed under a written contract of employment with the employing bank. None of those written contracts is before the Court. The Award prescribes conditions of employment with respect to each of the applicants and i1ts employees being bank officers as defined in the Award. For the purpose of this application, Clause 12, Payment of
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