Federal Court of Australia
DECISION NO:641/96 CATCHWORDS INDUSTRIAL LAW - INTERPRETATION OF AWARD - Salary loading allowance - Period of calculation 1 July to 30 June - Award commenced 31 December 1994 - Proviso that allowance for 1995 be calculated on pro rata basis for six months ending 30 June - Whether commencement of period for calculation of allowance 1 July 1994 or 1 January 1995 Industrial Relations Act 1988 s 413 Teachers (Victorian Government Schools - Interim) Award 1994 AUSTRALIAN EDUCATION UNION v STATE OF VICTORIA No VI 5396 of 1995 Before: NORTH J Place: MELBOURNE Date: 23 December 1996
IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY No VI 5396 of 1995 B E T W E E N : AUSTRALIAN EDUCATION UNION Applicant AND THE STATE OF VICTORIA Respondent MINUTES OF ORDERS BEFORE: North J PLACE: Melbourne DATE: 23 December 1996 THE COURT DECLARES THAT: On the proper interpretation of clause 2.1.14(1) of the Teachers (Victorian Government Schools - Interim) Award 1994: 1. the entitlement of a teacher employed during the six months ending 30 June 1995 to a salary loading allowance for service during that period is to be calculated in accordance with clause 2.1.14(1)(c)(ii) of the Award; 2. no period of service of a teacher prior to 1 January 1995 constitutes service for the purpose of clause 2.1.14(1) (c) of the Award; 3. a day upon which a teacher has been absent without leave within the meaning of clause 4.1.8(1) of the Award and with respect to which the teacher has forfeited his or her salary is not a day of service within the meaning of clause 2.1.14(1)(c)(ii) of the Award.
NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.
IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY No VI 5396 of 1995 B E T W E E N : AUSTRALIAN EDUCATION UNION Applicant AND THE STATE OF VICTORIA Respondent BEFORE: North J PLACE: Melbourne DATE: 23 December 1996 REASONS FOR JUDGMENT The applicant, the Australian Education Union, is an organisation of employees registered under the Industrial Relations Act 1988 (the Act). On 23 October 1995, it applied to the Court under s 413(1) of the Act for an interpretation of clause 2.1.14 (a) and (c) of the Teachers (Victorian Government Schools - Interim) Award 1994. The respondent, the State of Victoria, is bound by the award in respect of its employment of teachers. Clause 2.1.14 of the award reads: "2.1.14 Salary loading allowance
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