Sullivan, Terence William v Comalco Aluminum Ltd [1985] FCA 183

Sullivan, Terence William v Comalco Aluminum Ltd [1985] FCA 183

Clause 9(d) protected a custom and practice in a particular establishment to work normal hours less than 40 hours per week. At Villawood the normal clerical hours when the award was made were 37.5 hours per week, worked from 8.30 a.m. to 4.30 p.m. Monday to Friday. The half day shopping leave arrangement was an abnormal special arrangement under which some clerks worked extra time to accrue leave, not a different custom or practice as to normal hours. Requiring those clerks to work the normal Villawood hours therefore did not breach cl. 9(d).

Jurisdiction
Australia
Judgment Date
24 April 1985
Procedural Posture
Application Pursuant to the Conciliation and Arbitration Act 1904 for Imposition of a Penalty for Alleged Breach of the Clerks' (comalco Group of Companies) Award 1981 / Final Judgment and Orders
Outcome
Application dismissed.
Legal Topics
['breach of Award' 'custom and Practice' 'normal Hours of Work' 'construction of Award']
['industrial Law'] ['breach of Award' 'custom and Practice' 'normal Hours of Work' 'construction of Award']

Case Brief

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Procedural Posture

Application Pursuant to the Conciliation and Arbitration Act 1904 for Imposition of a Penalty for Alleged Breach of the Clerks' (comalco Group of Companies) Award 1981 / Final Judgment and Orders

Legal Issues

  1. 1 ["Whether the respondent breached cl. 9(d) of the Clerks' (Comalco Group of Companies) Award 1981 by terminating an arrangement under which some female clerical employees at Villawood accrued a half day per month by starting 15 minutes early Monday to Thursday." 'Whether the arrangement constituted a custom and practice to work normal hours less than those set out in cl. 9(a) of the award.' 'What was meant by "normal hours" in cl. 9(d) when the award was read as a whole.']

Ratio Decidendi

Clause 9(d) protected a custom and practice in a particular establishment to work normal hours less than 40 hours per week. At Villawood the normal clerical hours when the award was made were 37.5 hours per week, worked from 8.30 a.m. to 4.30 p.m. Monday to Friday. The half day shopping leave arrangement was an abnormal special arrangement under which some clerks worked extra time to accrue leave, not a different custom or practice as to normal hours. Requiring those clerks to work the normal Villawood hours therefore did not breach cl. 9(d).

Court Disposition

Application dismissed.

Orders

  • ['Application dismissed.' 'No order as to costs.']