Australian Education Union v Council of the Western Melbourne Institute of TAFE [1997] FCA 1243

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW - BREACH OF AWARD - Excess hours worked beyond maximum teaching hours - pro rata maximum teaching hours for employment for less than full teaching year - scope of full teaching year - calculation of pro rata maximum teaching hours for employment for less than full teaching year. Workplace Relations Act 1996 s178 TAFE Teachers' Conditions of Employment (Victoria) Interim Award 1994, Cl 3.4.1, 3.4.2, 3.6.1, 3.6.2, 3.6.3

AUSTRALIAN EDUCATION UNION v COUNCIL OF THE WESTERN MELBOURNE INSTITUTE OF TAFE VG 258 of 1997 Before:Judicial Registrar Ryan Place: Melbourne Date: 12 November 1997

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 258 of 1997

BETWEEN: AUSTRALIAN EDUCATION UNION

Applicant

AND: COUNCIL OF THE WESTERN MELBOURNE INSTITUTE OF TAFE

Respondent

JUDICIAL REGISTRAR: RYAN

DATE OF ORDER: 12 NOVEMBER 1997

WHERE MADE: MELBOURNE

THE COURT 1. orders that the orders of 20 October 1997 be set aside 2. declares that "the full teaching year" in clauses 3.4.1(1) and 3.4.2(2) of the TAFE Teachers' Conditions of Employment (Victoria) Interim Award 1994 comprises 1748 hours worked over 46 weeks 3. declares Ms Gabriella Pretto was employed by the respondent from 26 February 1996 to 31 December 1996 and was not required to teach in excess of maximum teaching duty hours as prescribed in clause 3.4.2(2) of the award 4. orders that the application under s178 of the Workplace Relations Act 1996 be dismissed.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 258 of 1997

BETWEEN: AUSTRALIAN EDUCATION UNION

Applicant

AND: COUNCIL OF THE WESTERN MELBOURNE INSTITUTE OF TAFE

Respondent

JUDICIAL REGISTRAR: RYAN