P & O Services Pty Ltd v ALHMWU [1999] FCA 1129

FEDERAL COURT OF AUSTRALIA

P & O Services Pty Ltd v ALHMWU [1999] FCA 1129

INDUSTRIAL LAW - Award - Interpretation of - Allowances payable to cleaners employed "in premises of Colleges of Technical and Further Education" - Whether expression has same meaning as in State Acts regulating educational institutions - Whether resort to history of change from State to Federal Award prescription available as an aid to construction - Words and phrases - "premises of Colleges of Technical and Further Education" Workplace Relations Act 1996 (Cth)s 413 Tertiary Education Act 1993 (Vic) Vocational Education and Training Act 1990 (Vic) Royal Melbourne Institute of Technology Act 1992 (Vic) Building Services (Victoria) Award 1994 Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 applied Short v F W Hercus Pty Ltd (1993) 46 IR 128 applied Australian Municipal, Administrative, Clerical and Services Union v Treasurer of the Commonwealth (1998) 82 FCR 175 referred to Scott v Sun Alliance Australia Ltd (1993) 178 CLR 1 referred to. P & O SERVICES PTY LTD (ACN 003 807 350) v AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION VG 553 OF 1997 RYAN J 18 AUGUST 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 553 OF 1997

BETWEEN: P & O SERVICES PTY LTD (ACN 003 807 350)

Applicant

AND: AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION

Respondent

JUDGE: RYAN J

DATE OF ORDER: 18 AUGUST 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS: That upon the true meaning and intent of cll 8A and 16(k) of the Building Services (Victoria) Award 1994 "premises of Colleges of Technical and Further Education" include premises occupied from time to time by the Technical and Further Education Division of the Royal Melbourne Institute of Technology for the purpose of providing technical and further education as defined in the Tertiary Education Act 1993 (Vic.)