Yarra Ranges Shire Council v Geoffrey Grimshaw and Ors [1995] IRCA 438

Yarra Ranges Shire Council v Geoffrey Grimshaw and Ors [1995] IRCA 438

The payments described in the certified agreement as wage increases were in substance a redundancy package dressed up as wage increases to support a claim under the contract's rise and fall clause. Clause 39 of the contract was limited to Award increases in wage rates and did not extend to redundancy payments, certified agreement rates, or agreed over-award wage increases. Accordingly the Shire was not obliged to make rise and fall adjustments for those payments. Because the employees had already been paid all amounts under the certified agreement, no question remained about enforcing or giving effect to it, and in light of the contract construction and the circumstances, the Court...

Jurisdiction
Australia
Judgment Date
28 July 1995
Procedural Posture
Application for Writs of Prohibition and Certiorari Concerning Certification of an Industrial Agreement / On Remittal From the High Court of Australia; Final Judgment
Outcome
Application refused.
Legal Topics
['certified Agreement' 'redundancy Package' 'rise and Fall Clause' 'award Rates of Wages' 'prerogative Writs' 'industrial Dispute']
['industrial Law' 'contract Law' 'administrative Law'] ['certified Agreement' 'redundancy Package' 'rise and Fall Clause' 'award Rates of Wages' 'prerogative Writs' 'industrial Dispute']

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Procedural Posture

Application for Writs of Prohibition and Certiorari Concerning Certification of an Industrial Agreement / On Remittal From the High Court of Australia; Final Judgment

Legal Issues

  1. 1 ['Whether the certified agreement was an "Award" within the meaning of the rise and fall clause in the contract between the Shire and Pacific Waste.' 'Whether wage increases used to give effect to a redundancy package were changes in the Award rate or increases in labour costs under clause 39 of the contract.' 'Whether the Shire was obliged to reimburse Pacific Waste for payments made to employees under the certified agreement.' 'Whether the Court should grant writs of prohibition and certiorari quashing or restraining action upon the certified agreement.']

Ratio Decidendi

The payments described in the certified agreement as wage increases were in substance a redundancy package dressed up as wage increases to support a claim under the contract's rise and fall clause. Clause 39 of the contract was limited to Award increases in wage rates and did not extend to redundancy payments, certified agreement rates, or agreed over-award wage increases. Accordingly the Shire was not obliged to make rise and fall adjustments for those payments. Because the employees had already been paid all amounts under the certified agreement, no question remained about enforcing or giving effect to it, and in light of the contract construction and the circumstances, the Court...

Court Disposition

Application refused.

Orders

  • ['The application for writs of prohibition and certiorari be refused.']