Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tasmanian Perpetual Trustees Ltd v Jordan [2008] FCA 464
INDUSTRIAL LAW – interpretation of award – whether State legislation or previous award relevant to interpretation of award – long service leave – pro rata payment in lieu on retirement
Trustee Industry Award 1999 cll 18.1, 18.2, 18.3, 18.4 Award Simplification Case (1997) 75 IR 272 distinguished City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Unions [2006] FCA 813 cited City of Wanneroo v Holmes (1989) 30 IR 362 applied Jordan v Tasmanian Perpetual Trustees Limited [2007] FMCA 1511 reversed Short v FW Hercus Pty Ltd (1993) 40 FCR 511 cited Kucks v CSR Limited (1996) 66 IR 181 cited TASMANIAN PERPETUAL TRUSTEES LIMITED v GLENN MATTHEW JORDAN
TAD 39 of 2007
HEEREY J
10 April 2008
MELBOURNE (HEARD IN HOBART)
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY TAD 39 of 2007
BETWEEN: TASMANIAN PERPETUAL TRUSTEES LIMITED
Appellant
AND: GLENN MATTHEW JORDAN
Respondent
JUDGE: HEEREY J
DATE OF ORDER: 10 april 2008
WHERE MADE: MELBOURNE (HEARD IN HOBART)
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The respondent's application No. LNG6 of 2007 be dismissed. 3. Either party has leave to apply in relation to costs within 7 days of 10 April 2008. 4. If an application in relation to costs is made by a party, the other party has a further seven days to respond. 5. The issue of costs be decided on the papers.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY TAD 39 of 2007
BETWEEN: TASMANIAN PERPETUAL TRUSTEES LIMITED
Appellant
AND: GLENN MATTHEW JORDAN
Respondent
JUDGE: HEEREY J
DATE: 10 april 2008
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