City of Wanneroo v Australian Municipal, Administrative, Clerical And Services Union [2006] FCA 813

FEDERAL COURT OF AUSTRALIA

City of Wanneroo v Australian Municipal, Administrative, Clerical

And Services Union [2006] FCA 813 WORKPLACE RELATIONS - Award – interpretation of Award – classification – approach to interpretation – Patrol Officer employed by local authority – whether employed as Community Services Officer (Welfare and ancillary services) or as 'Officer or Employee' – whether Contract of Employment providing for 40 hours breaches Award or Certified Agreement specifying 38 ordinary hours per week – Contract incorporating payment of overtime – no breach – order for payment of disbursements – whether authorised by Workplace Relations Act 1996 (Cth) Workplace Relations Act 1996 (Cth) Acts Interpretation Act 1901 (Cth) s 15AA, s 15AB Short v FW Hercus Pty Ltd (1993) 40 FCR 511 cited Australian Municipal, Clerical and Services Union v Treasurer of the Commonwealth of Australia (1998) 80 IR 345 cited NAQF v Minister for Immigration, Multicultural and Indigenous Affairs (2003) 130 FCR 456 cited CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 cited Mills v Meeking (1990) 169 CLR 214 cited City of Wanneroo v Holmes (1989) 30 IR 362 cited In the matter of applications to vary the Municipal Officers' (South Australia) Award 1973 (1981) 253 CAR 3 cited In the matter of an application to vary the Municipal Officers' (South Australia) Award 1973 (1981) 255 CAR 431 cited CITY OF WANNEROO v AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION WAD 158 OF 2005 FRENCH J 28 JUNE 2006 PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 158 OF 2005

On Appeal from the Industrial Magistrates Court

BETWEEN: CITY OF WANNEROO

Appellant

AND: AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION