In the Matter of the Watchmens (Australian Capital Territory) Award, 1974 and an application for an interpretation of the above award [1978] FCA 22

In the Matter of the Watchmens (Australian Capital Territory) Award, 1974 and an application for an interpretation of the above award [1978] FCA 22

A person employed as a casual employee in one week of seven days, if employed in the succeeding week, must thereafter be engaged as either a weekly or part-time employee according to the Award.

Source-derived case information.

Parties
Applicant: [Unnamed Union]; Respondent: [Three Employers]
Jurisdiction
Australia
Judgment Date
06 April 1978
Procedural Posture
Application for Award Interpretation / Judgment and Orders
Outcome
Application granted. Award interpreted as requested by the union.
Legal Topics
Award Interpretation, Casual Employment, Part Time Employment, Weekly Employment, Industrial Relations
Industrial Law Award Interpretation Casual Employment Part Time Employment Weekly Employment Industrial Relations

Source-derived case record

Summary, issues, holding and outcome

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Parties

[Unnamed Union]

Applicant

[Three Employers]

Respondent

Procedural Posture

Application for Award Interpretation / Judgment and Orders

Legal Issues

  1. 1 What is the proper interpretation of sub-clause 13(c) of the Watchmens (Australian Capital Territory) Award, 1974, particularly regarding casual employment and its limitation to one week.

Ratio Decidendi

A person employed as a casual employee in one week of seven days, if employed in the succeeding week, must thereafter be engaged as either a weekly or part-time employee according to the Award.

Court Disposition

Application granted. Award interpreted as requested by the union.

Orders

  • The Award is to be interpreted so that an employee employed as a casual employee in one week of seven days must if employed in the succeeding week be employed as a weekly employee under clause 13(a) and (b) or as a part-time employee under clause 7 of the Award.