Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Barrass v State of Victoria [1999] FCA 1166 INDUSTRIAL LAW – award interpretation – whether applicants entitled to paid leave pursuant to relevant award – whether cl 16 of the award only applicable to persons relevantly employed as at the date of the making of the award – whether cl 16 of the award has retrospective operation and accordingly entitles those employed at "the date of commencement" of the award to leave loading – meaning of "the date of commencement of this award". WORDS & PHRASES – "the date of commencement of this award" Workplace Relations Act 1996 (Cth) s178
Public Sector Management Act 1992 (Vic)
Public Service (Non Executive Staff-Victoria) Interim Award 1996
Re Municipal Officers (Brisbane City Council) Interim Award (1966) 8 FLR 297, referred to
Corlett Bros. Pty Ltd v Transport Workers Union of Australia, Industrial Union of Workers, Western Australian Branch [1975] WAIG 644, referred to
Telegraph Newspaper Co Pty Ltd v Australian Journalists' Association (1962) 3 FLR 39, referred to
City of Wanneroo v Holmes (1989) 30 IR 362, referred to
Printing and Kindred Industries Union v Davies Bros Ltd (1986) 18 IR 444, followed
Federated Engine-Drivers' and Firemen's Association of A/asia v Adelaide Chemical and Fertilizer Co Ltd (1920) 28 CLR 1, followed
Tziortis v ACI Australian Glass Manufacturers Co (1973) 22 FLR 60, distinguished
IAN BARRASS (& OTHERS ACCORDING TO SCHEDULE 1) v STATE OF VICTORIA VG 303 OF 1998 MARSHALL J MELBOURNE 24 AUGUST 1999
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 303 OF 1998
BETWEEN: IAN BARRASS (& OTHERS ACCORDING TO SCHEDULE 1)
Applicant
AND: STATE OF VICTORIA
Respondent
JUDGE: MARSHALL J
DATE OF ORDER: 24 AUGUST 1999
WHERE MADE: MELBOURNE
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