John L Pierce Pty Ltd v Kennedy [2001] FCA 779

FEDERAL COURT OF AUSTRALIA

John L Pierce Pty Ltd v Kennedy [2001] FCA 779

Industrial law – appeal from a decision of the Chief Industrial Magistrate of New South Wales – construction of an award – natural meaning of a word – consideration of extrinsic circumstances – intention of the parties to the Award should be given effect to – imposition of penalty.

words & phrases – "income".

Workplace Relations Act 1996 (Cth), s 178

Reuter v Federal Commissioner of Taxation (1993) 111 ALR 716, referred to Amalgamated Society of Engineers v Adelaide Steamship Co. Ltd (1920) 28 CLR 129, applied New Zealand Shipping Company Ltd v Societe des Ateliers et Chantiers de France (1919) AC 1, distinguished Suttor v Gundowda Proprietary Ltd (1950) 81 CLR 418, distinguished

Macquarie Dictionary 3rd ed., 1998. JOHN L PIERCE PTY LIMITED v JOHN ANTHONY KENNEDY (INSPECTOR UNDER SUBSECTION 84(2) OF THE WORKPLACE RELATIONS ACT 1996) N138 of 2000 MADGWICK J SYDNEY 27 JUNE 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N138 of 2001

ON APPEAL FROM THE CHIEF INDUSTRIAL MAGISTRATE OF

NEW SOUTH WALES

BETWEEN: JOHN L PIERCE PTY LIMITED

APPELLANT

AND: JOHN ANTHONY KENNEDY (INSPECTOR UNDER SUBSECTION 84(2) OF THE WORKPLACE RELATIONS ACT 1996)

RESPONDENT

JUDGE: MADGWICK

DATE OF ORDER: 27 JUNE 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be allowed in part. 2. The decision of the Chief Industrial Magistrate of New South Wales, given on 2 February 2000 in relation to breach of clause 10C(b) of the Transport Workers (Long Distance Drivers) Award 1993 be set aside and the part of the information alleging such breach be dismissed. 3. The orders of the Chief Industrial Magistrate of New South Wales, given on 2 March 2000 be set aside. 4. The appellant pay the Department of Employment, Workplace Relations and Small Business a penalty in the sum of $1. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.