Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Oceanic Coal Australia Pty Ltd v Parker [2010] FCA 1018 Citation: Oceanic Coal Australia Pty Ltd v Parker [2010] FCA 1018
Appeal from: Parker v Oceanic Coal Australia Pty Ltd (Chief Industrial Magistrate's Court of New South Wales, Case no. 2009/191059, 3 February 2010)
Parties: OCEANIC COAL AUSTRALIA PTY LTD (ACN 003 856 782) v STEPHEN JAMES PARKER
File number: NSD 176 of 2010
Judge: COWDROY J
Date of judgment: 17 September 2010
Catchwords: INDUSTRIAL LAW – Appeal from decision of Chief Industrial Magistrate – Workplace agreement – Interpretation of West Wallsend Underground Mine Collective Agreement 2007 – 'Accident Pay' – Whether Chief Industrial Magistrate erred in not giving effect to the plain and ordinary meaning of 'Accident Pay' clause – Whether Chief Industrial Magistrate erred in not taking into account defined terms 'Classification Rate' and 'Rostered Hours' – Whether Chief Industrial Magistrate erred in taking into account extraneous principles of perceived injustice and apparent 'purpose' of 'Accident Pay' – Held – 'Accident Pay' clause unambiguous – Chief Industrial Magistrate erred in not giving effect to the plain and ordinary meaning of relevant 'Accident Pay clause' – Appeal allowed.
Legislation: Workers Compensation Act 1987 (NSW) Workplace Relations Act 1996 (Cth)
Cases cited: Amcor Limited v Construction, Forestry, Mining and Energy Union and Others (2005) 222 CLR 241 Ansett Australia Limited (subject to Deed of Company Arrangement) v Australian Licensed Aircraft Engineers' Association [2003] FCAFC 209 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Skilled Engineering Ltd [2003] FCA 260 City of Wanneroo v Holmes (1989) 30 IR 362 The Clothing Trades Award [1950] 68 CAR 597 Codelfa Construction Proprietary Limited v State Rail Authority of New South Wales (1982) 149 CLR 337 Kucks v CSR Limited (1996) 66 IR 182 Toll (FGCT) Pty Limited v Alphapharm Pty Limited and Others (2004) 219 CLR 165 Whittaker v Unisys Australia Pty Ltd (2010) 192 IR 311
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