Cases referred to in reasons: [1977] 1 NSWLR 406 Attorney General v Gray [2000] QSC 335 Board of Trustees of the State Public Sector Superannuation Scheme v Welsh [1992] 2 Qd R. 257 Commonwealth of Australia v Hamilton [2013] WASCA 287 Director General, Department of Education v United Voice WA (2016) 257 IR 82 NSW Nurses and Midwives Association v Western Sydney Local Health District [2015] WASC 247 Re Harrison; Ex parte Hames Robe River Iron Associates v Amalgamated Metal Workers and Shipwrights Union of Western (1987) 67 WAIG 1097 Australia [2014] WASCA 164 Technomin Australia Pty Ltd v Xstrata Nickel Australasia Operations Pty Ltd Case(s) also cited: Australian Liquor, Hospitality and Miscellaneous Union, Miscellaneous Workers Divisions, Western Australian Branch v Board of Management, Fremantle Hospital and Hospital Service (Unreported, Complaint No 87 of 1997, delivered 17 November 1997) (1982) 149 CLR 337 Codelfa Construction Pty Ltd v Rail Authority of New South Wales (1992) 175 CLR 353 David Securities Pty Limited v Commonwealth Bank of Australia (2004) 85 WAIG 629 Director General of Department of Justice v Civil Service Association (1996) 185 CLR 571 Henry v Henry (2001) 82 WAIG 150 Ian MacFarlane v Halperin Fleming & Meertens (1996) 66 IR 182 v CSR Ltd (1989) 168 CLR 210 O’Sullivan v Farrer (1994) 181 CLR 256 Rogers v The Queen The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch v Public (2014) 94 WAIG 787 Transport Authority of Western Australia The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch v Public (2015) 95 WAIG 1503 Transport Authority of Western Australia Reasons for Decision The applicant applies to have me declare the true interpretation of the word in the “required” following clauses (all of which are in relevantly similar terms): Clause 4.2.6 of the Public Transport Authority/ARTBIU (Transit Officers) Industrial Agreement 2015; Clause 4.3.6 of the Public Transport Authority/ARTBIU (Transwa) Industrial Agreement 2016; Clause 4.4.3 of the Public Transport Authority Railway Employees (Transperth Train Operations) Industrial Agreement 2014; and
Cases referred to in reasons: Attorney General v Gray [1977] 1 NSWLR 406 Board of Trustees of the State Public Sector Superannuation Scheme v Welsh [2000] QSC 335 Commonwealth of Australia v Hamilton [1992] 2 Qd R. 257 Director General, Department of Education v United Voice WA [2013] WASCA 287 NSW Nurses and Midwives Association v Western Sydney Local Health District (2016) 257 IR 82 Re Harrison; Ex parte Hames [2015] WASC 247 Robe River Iron Associates v Amalgamated Metal Workers and Shipwrights Union of Western Australia (1987) 67 WAIG 1097 Technomin Australia Pty Ltd v Xstrata Nickel Australasia Operations Pty Ltd [2014] WASCA 164 Case(s) also cited: Australian Liquor, Hospitality and Miscellaneous Union, Miscellaneous Workers Divisions, Western Australian Branch v Board of Management, Fremantle Hospital and Hospital Service (Unreported, Complaint No 87 of 1997, delivered 17 November 1997) Codelfa Construction Pty Ltd v Rail Authority of New South Wales (1982) 149 CLR 337 David Securities Pty Limited v Commonwealth Bank of Australia (1992) 175 CLR 353 Director General of Department of Justice v Civil Service Association (2004) 85 WAIG 629 Henry v Henry (1996) 185 CLR 571 Ian MacFarlane v Halperin Fleming & Meertens (2001) 82 WAIG 150 v CSR Ltd (1996) 66 IR 182 O’Sullivan v Farrer (1989) 168 CLR 210 Rogers v The Queen (1994) 181 CLR 256 The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch v Public Transport Authority of Western Australia (2014) 94 WAIG 787 The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch v Public Transport Authority of Western Australia (2015) 95 WAIG 1503 Reasons for Decision The applicant applies to have me declare the true interpretation of the word “required” in the following clauses (all of which are in relevantly similar terms): Clause 4.2.6 of the Public Transport Authority/ARTBIU (Transit Officers) Industrial Agreement 2015; Clause 4.3.6 of the Public Transport Authority/ARTBIU (Transwa) Industrial Agreement 2016; Clause 4.4.3 of the Public Transport Authority Railway Employees (Transperth Train Operations) Industrial Agreement 2014; and
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