New South Wales Teachers Federation v Director General, Department of Education and Training. Application for declaratory relief under s 154 of the Industrial Relations Act 1996 [2002] NSWIRComm 56

Industrial Relations Commission of New South Wales in Court Session

CITATION : New South Wales Teachers Federation v Director General, Department of Education and Training. Application for declaratory relief under s 154 of the Industrial Relations Act 1996 [2002] NSWIRComm 56 APPLICANT: New South Wales Teachers Federation PARTIES : RESPONDENT: Director-General, Department of Education and Training FILE NUMBER: IRC 6752 of 2001 CORAM: Haylen J Industrial Relations Act 1996, s 154 - application for declaration - interpretation of provisions of industrial agreement - principles applicable - vacation leave accrued during "service" while teacher "on duty " - whether duty performed on same day as part day industrial stoppage "service" under terms of the agreement - declaration made confirming entitlement. CATCHWORDS : Industrial Relations Act 1996 s 143(1) - whether payment for leave accrued whilst on duty and when industrial stoppage occurred on same day is the payment of "any other financial benefit" and an offence. Conveyancing Act s 144(1) Industrial Relations Act 1996 s 143(1) s 154 LEGISLATION CITED : Annual Holidays Act 1944 s 3 s 4 s 4A s 5(1) s 5(1)(b) s 8 Teaching Service Act 1970 Australian Timber Workers Union v W Angliss & Co Pty Limited (1924) 19 CAR 172 Australian Workers' Union v Graziers' Association (NSW) (1939) 40 CAR 494 Beckwith v R (1976) 135 CLR 569 Bryce and anor v Apperley [1998] 82 IR 448 Cepus v Heggies Transport Pty Ltd [1993] 52 IR 123). City of Wanneroo v Holmes [1989] 30 IR 363 at 378 - 379 Clothing Trades Award (1950) 68 CAR 597 CASES CITED : Cole v Director-General of Youth and Community Services (1987) 7 NSWLR 541 at 546 Coleman v Shell Co of Aust. Pty Ltd (43) 5 SR (NSW) at 34 Crown Employees (Teachers, Department of Education) Award re deduction for strikes [1975] R 535 Geo A Bond & Co Ltd (in liq) v McKenzie [1929] AR (NSW) 498 at 530 Lidner Pty Ltd v Builders Licensing Board (1982) 1 NSWLR 613 NSW Teachers' Federation v Education Commission (NSW) [1987] 22 IR 35 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and the Department of Community Services [2002] NSWIRComm 33 Grayson DP 12 March 2002 Quinn v Leatham 1901 AC 495 at 506 State of Victoria v Australian Teachers' Union [1993] 47 IR 328 HEARING DATES: 03/12/2002 DATE OF JUDGMENT: 03/27/2002