GRANGER & ORS. V. THE COMMONWEALTH 6/1926

| | f Tdeliveud 21. 10.(92¢

JUDGMENT . vee ESAACS J,

"GRANGER AND ORS | y THE COMMONWEAITH,

This is an action an which four plaintiffs,employees of the Common= | «wealth, in the Small Arms Ammunition F,ctory,severally cleim a de+ «claration that as from October 27,1924, they were entitled to be pdid ! as Toolmakers of Machine Tools under a federal award, The award was made on 22 December,1924, and by its terms became operative as from

27 October 1924. It provides for employees in the circumstances of the plaintiffs a basic wage of £4/4/6 per och The marginal rates ine ~cludesxx the following:- wtradesman,first class machinist,fitters"

24 shillings per week, and "Toolmaker of machine tools" 27 shillings per week, The plaintiffs have been paid in addition to the basic iis vuln istimdisputed, the marginal rate of 24 shillings a week

for skill as turners and also 38x 2/« a week for merit, The merit yayaent i purely voluntary and is quite outside the award, If cannot form any admission of higher grade than is acknowledged by the zaymmnt payment of 24 shillings under the award and I build no conclusion upon the merit paynent. It would be unfortunate if any voluntary merits Gacit payment were to be regarded as an acknowledgement of a

status above the one actually paid for by the award amount, for

such a consequence would probably deter the Department from granting

merit payments. The plaintiffs' Claim to the higher status

he award and the evidence as.

é

spplied to it. J As ortginally framed, no definition was given of the

expression "Toolmaker".

ut in September 1925 a variation in the award was ordered as to several matters and was directed to take effect as from the 15th of that month, The variation included « definition of"toolmaker" as follows:+ "Toolmaker means an employee engaged in making or am~ ""pleting special precision tools which require greater skill to make "or complete than ic been by an ordinary fitter and turner."