The Australian Workers' Union, New South Wales v New South Wales Technical and Further Education [2001] NSWIRComm 25

Industrial Relations Commission of New South Wales

CITATION : The Australian Workers' Union, New South Wales v New South Wales Technical and Further Education [2001] NSWIRComm 25 APPLICANT: The Australian Workers' Union, New South Wales PARTIES : RESPONDENT: The Technical and Further Education Commission and Department of Education and Training FILE NUMBER: 2780 of 2000 CORAM: Schmidt J CATCHWORDS : Award Interpretation - declaratory relief - construction of paragraph (viii) Tea Money of clause 11 Overtime of the Crown Employees (Tradesmen's Assistants) Award (1991) 266 IG 785 - two competing interpretations of the clause - words to be read in their ordinary English meaning, without additional words being read in LEGISLATION CITED : Industrial Relations Act 1996 Bryce v Apperley (1998) 82 IR 448 CASES CITED : Cooper Brookes (Wollongong) Pty Ltd v FCT (1981) 35 ALR 151 GEO A Bond & Co Ltd (In Liq) v McKenzie [1929] AR (NSW) 498 Thompson v Goold & Co [1910] AC 409 at 420 HEARING DATES: 02/22/2001 DATE OF JUDGMENT: 03/06/2001

APPLICANT: Mr I Latham of counsel

LEGAL REPRESENTATIVES: RESPONDENT: Ms E Brus of counsel

JUDGMENT:

- 11 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: Schmidt J

DATE: 6 March 2001

Matter Number IRC 2780 of 2000 THE AUSTRALIAN WORKERS' UNION, NEW SOUTH WALES v NEW SOUTH WALES TECHNICAL AND FURTHER EDUCATION Application for declaratory relief under section 154 of the Industrial Relations Act 1996 JUDGMENT