Communications, Electrical, Electronic Etc Union of Aus, Ex parte- Re Laing

The Communications, Electrical, Electronic Etc Union of Australia (the Union) sought to enforce an award against Laing Engineering Pty Ltd (Laing). The dispute concerned whether Laing had breached the award by failing to pay certain employees the correct rates of pay and allowances. The matter came before Toohey J of the High Court of Australia.

The central legal issue before the Court was the interpretation of clause 10 of the relevant award, which stipulated the rates of pay and allowances to be paid to employees. Specifically, the Court had to determine whether the payments made by Laing to its employees satisfied the requirements of this clause, particularly in relation to allowances for specific duties or conditions.

Toohey J considered the plain meaning of clause 10 and the intention of the award-making authority. His Honour found that the award required specific payments to be made, and that Laing's general payments did not adequately account for the allowances prescribed. The principle applied was that award provisions must be given their ordinary and natural meaning, and employers are bound to comply with the specific terms of an award, rather than making payments that are merely equivalent in a general sense.

The Court ordered that Laing had breached the award and was liable for the underpayments.