Australian Nursing Federation v Royal Melbourne Hospital and Others [1995] IRCA 24

Australian Nursing Federation v Royal Melbourne Hospital and Others [1995] IRCA 24

The ordinary meaning of subclause B26(a)(iii) confines its operation to the expressly named departments. The respondents' proposed construction would require ignoring words in the award and would amount to rewriting or varying the award, which the Court could not do on an interpretation application. The Court declined to consider the extraneous material under section 15AB and accepted the Federation's interpretation.

Jurisdiction
Australia
Judgment Date
08 February 1995
Procedural Posture
Application Under Section 413 of the Industrial Relations Act 1988 for Interpretation of an Award / Reasons for Judgment and Order
Outcome
Application determined in favour of the applicant's interpretation.
Legal Topics
['interpretation of Award' 'annual Leave Entitlements' 'nurses (victorian Health Services) Award 1992' 'use of Extraneous Material in Interpretation']
['industrial Law'] ['interpretation of Award' 'annual Leave Entitlements' 'nurses (victorian Health Services) Award 1992' 'use of Extraneous Material in Interpretation']

Case Brief

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Procedural Posture

Application Under Section 413 of the Industrial Relations Act 1988 for Interpretation of an Award / Reasons for Judgment and Order

Legal Issues

  1. 1 ['Whether subclause B26(a)(iii) of the Nurses (Victorian Health Services) Award 1992 applies only to employees employed in an out-patients, pathology, X-ray or blood bank department of a hospital who satisfy the other requirements of the subclause.' 'Whether extraneous material should be considered under section 15AB of the Acts Interpretation Act 1901 to support an interpretation extending subclause B26(a)(iii) beyond the departments expressly named.']

Ratio Decidendi

The ordinary meaning of subclause B26(a)(iii) confines its operation to the expressly named departments. The respondents' proposed construction would require ignoring words in the award and would amount to rewriting or varying the award, which the Court could not do on an interpretation application. The Court declined to consider the extraneous material under section 15AB and accepted the Federation's interpretation.

Court Disposition

Application determined in favour of the applicant's interpretation.

Orders

  • ['The Court orders that on its true meaning and intent subclause B26(a)(iii) of the Nurses (Victorian Health Services) Award 1992 applies with respect only to those employees, other than a Director of Nursing, Deputy or Assistant Director of Nursing, Principal Teacher, Deputy Principal Teacher, Senior Teacher or...