Hawkins v Commonwealth Bank of Australia [1996] IRCA 179

DECISION NO: 179/96 CATCHWORDS INDUSTRIAL LAW - REDUNDANCY - construction of redundancy agreement - whether employee in the circumstances had a right to severance pay - whether there was a position redundancy - "redundancy" - "redundant" - whether "a major portion of" the work of the position formerly held by the employee was to be performed by the occupant of the position to which the employee was appointed - whether the position offered to the employee was "directly comparable" to the position formerly occupied - whether an unregistered industrial agreement conferred only on the employer the right to terminate a redundant employee's employment - whether an unregistered industrial agreement contemplated that several attempts may be made by the employer to redeploy a redundant employee - purpose of the unregistered industrial agreement - whether termination through retrenchment includes termination at the initiative of or by an employee - "retrenchment" - "retrench" INTERPRETATION - Awards - whether evidence of post contractual conduct in construing a contract is admissible Industrial Relations Reform Act 1933: s 64 Finance Facilities Pty Ltd v Federal Commissioner of Taxation (1971) 127 CLR 106 Short v FW Hercus Pty Ltd (1993) 40 FCR 511 Quality Bakers of Australia Limited v Goulding, 23 June 1995, Beazley J, unreported Jones v Department of Energy and Minerals, 16 June 1995, Ryan J, unreported Jones v Dunkel & Anor (1959) 101 CLR 298 McCulloch of Canada Ltd v Canada (Anti-Dumping Tribunal) [1978] 1 FC 222 Commissioner for Superannuation v Bayley (1979) 28 ALR 293 Lawrence v Clutha Development Pty Ltd, 10 May 1985, Keely J, unreported Chantler v Local Government Superannuation Board (1985) 9 IR 284 Australian Workers Union NSW Branch v Roads & Traffic Authority (NSW) (1989) 29 IR 202 Preference to Unionists Case (1977) LBC Current Review 218 Re Montgomery and Commissioner for Superannuation (1985) 3 AAR 69 Re Beverage Packers (Australia) Pty Ltd (1990) VR 446 Codelfa Constructions Pty Ltd v State Rail Authority of New South Wales (1981) 149 CLR 337 Seamen's Union of Australia v Adelaide Steamship Co Ltd & Ors (1976) 46 FLR 444 PREI v QANTAS Airways Ltd (1984) 10 IR 1 PKIU v Davies Bros Ltd (1986) 18 IR 444 Australian Workers Union, NSW Branch v Allied Constructions Pty Ltd (1988) 27 IR 37 City of Wanneroo v Holmes (1989) 30 IR 362 Re Security Officers (Waterfront) Award (1988) 26 IR 1 Air Great Lakes Pty Ltd v K S Easter (Holdings) Pty Ltd (1985) 2 NSWLR 309 Hide & Skin Trading Pty Ltd v Oceanic Meat Traders Ltd (1990) 20 NSWLR 310 Spunwill Pty Ltd v BAB Pty Ltd (1994) 36 NSWLR 290 R v Industrial Court of South Australia; Ex Parte General Motors - Holden's Ltd (1983) 35 SASR 161 No. SI 114 of 1994 DAVID NEIL hawkins and anor v commonwealth bank of australia Moore J Sydney 15 May 1996