Australian Education Union v Yooralla

The Australian Education Union (AEU) brought proceedings against Yooralla concerning the interpretation of an industrial award. The dispute centred on whether a particular individual, employed by Yooralla, qualified as "an instructor" under the terms of the relevant award.

The primary legal issue before the Court was to determine the correct construction of the award and, specifically, whether the employee's duties and responsibilities met the criteria for being classified as "an instructor" within the meaning of that award.

His Honour Justice Wilson QC found that, on the facts presented, the employee was not an instructor. Consequently, the proceeding brought by the Australian Education Union was dismissed.