Australian Rail, Tram and Bus Industry Union v KDR Victoria Pty Ltd t/as Yarra Trams [2013] FCA 330

FEDERAL COURT OF AUSTRALIA

Australian Rail, Tram and Bus Industry Union v KDR Victoria Pty Ltd t/as Yarra Trams [2013] FCA 330 Citation: Australian Rail, Tram and Bus Industry Union v KDR Victoria Pty Ltd t/as Yarra Trams [2013] FCA 330

Parties: AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION and STEVAN UZELAC v KDR VICTORIA PTY LTD TRADING AS YARRA TRAMS

File number: VID 776 of 2012

Judge: MARSHALL J

Date of judgment: 12 April 2013

Catchwords: INDUSTRIAL LAW – interpretation of certified agreement – separate question – whether a provision of the certified agreement requires the employer to conduct a particular form of appeal or inquiry into a dismissal – whether an internal disciplinary policy document was incorporated into the agreement by reference – relevance of custom and practice – prior negotiations – "common understanding" INDUSTRIAL LAW – alternative position– interpretation of the respondent's internal disciplinary policy – whether it obliged the respondent to conduct a particular form of appeal or inquiry – relevance of custom and practice – separate question answered in the negative

Legislation: Fair Work Act 2009 (Cth) ss 50, 546 Public Transport (Victoria) Enterprise Agreement 1997

Cases cited: City of Wanneroo v Holmes [1989] 30 IR 362 Commissioner of Taxation and Consolidated Media Holdings Ltd [2012] HCA 55; (2012) 293 ALR 257 Printing & Kindred Industries Union v Davies Bros Ltd [1986] 18 IR 444 Shop Distributive and Allied Employees' Association v Woolworths Ltd (2006) 151 FCR 513