Applications by Block, Ken

The applicants in the case sought orders to vary transferable instruments in order to cover non-transferring employees. The applications were brought before the court under the provisions of the relevant legislation. The applicants argued that they were the new employers likely to be covered by the transferable instruments, which were agreements transferring certain employment rights from one employer to another. The applicants contended that the instruments should be amended to include the non-transferring employees, who were to remain under their current employment terms with the original employer.

The central legal issues before the court were whether the applicants were indeed the new employers covered by the transferable instruments and, if so, whether the instruments could be varied to include non-transferring employees. The court had to interpret the meaning of terms such as "arrangement" and "between" within the context of the legislation. It also needed to consider whether the legislative intent allowed for the inclusion of non-transferring employees under the instruments. The applicants argued that the statutory provisions allowed for such amendments to ensure that the employees' rights were protected and transferred appropriately.

In reaching its decision, the court examined the statutory language and found that the applicants were indeed the new employers covered by the instruments. The court interpreted "arrangement" to include agreements that could be varied to accommodate changes in employment circumstances. It also held that the term "between" was not strictly limiting but rather indicated the parties involved in the arrangement. The court concluded that the legislative intent permitted the variation of the instruments to include non-transferring employees, as long as it did not contradict the fundamental purpose of the legislation. Consequently, the applications were granted, and the court ordered the variation of the instruments to include the non-transferring employees.