Dewey, Steven v Phoenix Lacquers & Paints Pty Ltd [1998] FCA 1785

Possession of the Grade 5 qualification alone does not entitle the employee to the Grade 5 pay rate; the employee must also perform the relevant duties as described in the Award.

Jurisdiction: Australia
Judgment Date: 15 October 1998
Procedural Posture: Case Stated / Determination of Stated Question and Remittal
Outcome: Question answered 'no' and matter remitted to Chief Industrial Magistrate; applicant to pay respondent's costs.
Legal Topics: ['award Interpretation' 'employee Classification' 'remittal to Magistrate']

['industrial Law'] ['award Interpretation' 'employee Classification' 'remittal to Magistrate']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Case Stated / Determination of Stated Question and Remittal

Legal Issues

1 ['Whether mere holding of qualification requires payment at the higher award rate under the Australian Paint Industry Award 1992']

Ratio Decidendi

Possession of the Grade 5 qualification alone does not entitle the employee to the Grade 5 pay rate; the employee must also perform the relevant duties as described in the Award.

Court Disposition

Question answered 'no' and matter remitted to Chief Industrial Magistrate; applicant to pay respondent's costs.

Orders

['The matter be remitted to the Chief Industrial Magistrate for further consideration.' "The applicant pay the respondent's costs."]