BHP Billiton Iron Ore Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers (Western Australian Branch) & Ors

[2006] WASCA 124

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Industrial Law (WA)
2. › Awards
3. › Construction of award
4. › Scope clause
5. › Whether award extends to employees formerly on workplace agreements
6. › Whether terms clear and unambiguous
7. › Whether extrinsic material admissible
8. › Industrial Relations Act 1979 (WA), s 37, s 114
9. › Workplace Agreements Act 1993 (WA), s 4H, s 6
1. Industrial Law (WA)
2. › Awards
3. › Variation of award
4. › Wage Fixing Principles
5. › Principle 11(d)
6. › Meaning of 'rates'
7. › Whether limited to salary or includes all remuneration
8. › Whether superannuation and bonus payments included
1. Industrial Law (WA)
2. › Awards
3. › Construction of award
4. › Principles applicable
5. › Whether ambiguity exists
6. › Role of extrinsic material
7. › Objective framework of facts

Quick Take

The word 'rates' in Wage Fixing Principle 11(d) refers to rates of remuneration in whatever form paid, not merely salary, and includes superannuation contributions and bonus payments when assessing the value of work for award variation purposes. An award scope clause extending to employees 'in the classifications mentioned in this award' is clear and unambiguous and covers all employees fitting the classification, including those whose workplace agreements have ceased to have effect.