Kucks v CSR Limited [1996] IRCA 141

Kucks v CSR Limited [1996] IRCA 141

The 40% shift allowance payable under cl.13(g) was an "allowance" within the ordinary and industrial-context meaning of cl.18(h), and cl.18(h) expressly excluded allowances from the rate of pay for long service leave. The Award's references to ordinary pay, ordinary rate of pay and standard hours did not require inclusion of the shift allowance, and other Award provisions showed that when full or shift-inclusive payment was intended it was expressly provided. The applicant therefore was not underpaid when paid salary without the shift allowance for untaken long service leave.

Jurisdiction
Australia
Judgment Date
19 April 1996
Procedural Posture
Application Under S179 of the Industrial Relations Act 1988 (cth) for Recovery of an Alleged Underpayment Under the CSR Staff (consolidated) Award 1992 Upon Termination of Employment / Reasons for Judgment and Final Orders
Outcome
Application dismissed; judgment for the respondent.
Legal Topics
['award Interpretation' 'ordinary Rate of Pay' 'long Service Leave' 'shift Allowance' 'termination of Employment' 'redundancy']
['industrial Law' 'employment Law'] ['award Interpretation' 'ordinary Rate of Pay' 'long Service Leave' 'shift Allowance' 'termination of Employment' 'redundancy']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under S179 of the Industrial Relations Act 1988 (cth) for Recovery of an Alleged Underpayment Under the CSR Staff (consolidated) Award 1992 Upon Termination of Employment / Reasons for Judgment and Final Orders

Legal Issues

  1. 1 ['Whether the phrase "allowances or the like" in cl.18(h) of the CSR Staff (Consolidated) Award 1992 included the 40% shift allowance payable under cl.13(g).' "Whether the applicant's payment in lieu of untaken long service leave upon retrenchment should have included the 40% shift allowance."]

Ratio Decidendi

The 40% shift allowance payable under cl.13(g) was an "allowance" within the ordinary and industrial-context meaning of cl.18(h), and cl.18(h) expressly excluded allowances from the rate of pay for long service leave. The Award's references to ordinary pay, ordinary rate of pay and standard hours did not require inclusion of the shift allowance, and other Award provisions showed that when full or shift-inclusive payment was intended it was expressly provided. The applicant therefore was not underpaid when paid salary without the shift allowance for untaken long service leave.

Court Disposition

Application dismissed; judgment for the respondent.

Orders

  • ['The application is dismissed.' 'Judgment for the respondent.']