Federal Court of Australia
Federal Court of Australia
Australian Rail, Tram and Bus Industry Union v Transit Systems West Services Pty Ltd [2021] FCA 1436 File number(s): NSD 867 of 2021
Judgment of: RARES J
Date of judgment: 5 November 2021
Catchwords: INDUSTRIAL RELATIONS – statutory interpretation – copied State instruments – whether annual wage review variation determination made by Fair Work Commission under s 285 of the Fair Work Act 2009 (Cth) varied copied State instruments under s 768AW(c) and item 20 in Pt 5 of Sch 9 of Fair Work Act (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) – where employer paid employees wage increases pursuant to Division 2B State award relating to wages as copied State instrument but not pursuant to variation determinations made by Commission pursuant to s 286(1) and item 20 – whether clause in copied State instrument precluded application of variation determinations – where employer argued that award was bargain that parties intended to supersede State Industrial Relations Commission variations to minimum wages – whether wage increases to copied State instruments apply at beginning of calendar year capable of offsetting increases under variation determinations in current or next financial year
Legislation: Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Sch 9 Pt 5 item 20 Fair Work Act 2009 (Cth) ss 284 285, 286, 289, 292 768AD, 768AE, 768AG, 768AH, 768AI, 768AJ, 768AM, 768AN, 768AO, 768AS, 768AW, 768AX and 768BY Industrial Relations Act 1996 (NSW) ss 48–52
Cases cited: Australian Securities and Investments Commission v DB Management Pty Ltd (2000) 199 CLR 321 Fitzgerald v Masters (1956) 95 CLR 420 Pukallus v Cameron (1982) 180 CLR 447 Reardon-Smith Line Ltd v Hansen-Tangen [1976] 1 WLR 989 Residual Assco Group Limited v Spalvins (2000) 202 CLR 629 Royal Botanic Gardens and Domain Trust v South Sydney City Council (2002) 240 CLR 45 Treasury Wine Estates Vintners Limited v Pearson (2019) 268 FCR 12 Wilson v Wilson (1854) 5 HL Cas 40 [10 ER 811]
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