Warramunda Village Inc v Pryde

FEDERAL COURT OF AUSTRALIA

Warramunda Village Inc v Pryde [2002] FCA 250

INDUSTRIAL LAW – awards – construction - industry practice – meaning of “work” – “sleepover shift” – whether worker on “sleepover shift” is at work or “on call”

PRACTICE AND PROCEDURE – declaratory judgments – nature of – split trial – whether rights have been declared – whether final or interlocutory – issue estoppel – whether declaratory judgment can be void – setting down for trial – bringing forward trial date – discretionary considerations – prospective application to amend award

WORDS & PHRASES – “work”

Industrial Relations Act 1992 (Vic)
Workplace Relations Act 1996 (Cth), ss 178(1), 178(6), 179A

Algama v Minister for Immigration and Multicultural Affairs [2001] FCA 1884 referred to

Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1923) 18 CAR 852 referred to
Attorney-General (Northern Territory) v Minister for Aboriginal Affairs (1987) 73 ALR 33 referred to
Attorney-General v Foster (1999) 84 FCR 582 referred to

Australian Builders’ Labourers’ Federated Union of Workers – Western Australian Branch v J-Corp Pty Ltd (1993) 42 FCR 452 referred to
Australian Competition and Consumer Commission v IMB Group Pty Ltd [1999] FCA 313 referred to
Australian Rail Tram and Bus Industry Union v Torrens Transit Services Pty Ltd [2001] FCA 975 referred to
Australian Telecommunications Corporation v Barnes (1995) 125 FLR 335 referred to
Baker v R [1975] AC 774 referred to

Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 referred to
Branir Pty Ltd v Owston Nominees (No 2) [2001] FCA 1833 referred to

Byrne v Australian Airlines Limited (1995) 185 CLR 410 referred to
Caboche v Ramsay (1993) 119 ALR 215 referred to
Cameron v Cole (1944) 68 CLR 571 referred to

Carl Zeiss Stiftung v Rayner & Keeler Ltd (No 2) [1967] AC 853 referred to

Cassell & Co Ltd v Broome [1972] AC 1027 referred to
Clarke v Chadburn [1985] 1 WLR 78 referred to

Coles v Wood [1981] 1 NSWLR 723 referred to

Construction, Forestry, Mining and Energy Union v Employment Advocate [2001] FCA 1442 referred to

Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (1981) 147 CLR 297 referred to
Duralla Pty Ltd v Plant (1984) 2 FCR 342 referred to

Eastern Trust Co v McKenzie, Mann & Co Ltd [1915] AC 750 referred to

Federated Gas Employees Industrial Union (1942) 48 CAR 85 referred to
Fidelitas Shipping Co Ltd v V/O Exportchleb [1966] 1 QB 630 referred to

Fisher & Paykel Healthcare Pty Ltd v Avion Engineering Pty Ltd (1991) 103 ALR 239 referred to
Fraser v NRMA Holdings Limited (1995) 55 FCR 452 referred to
Hadkinson v Hadkinson [1952] P 285 referred to
Harrison-Broadley v Smith [1964] 1 WLR 456 referred to

Holtby v Hodgson (1889) 24 QBD 103 referred to
Hospital Employees’ Industrial Union of Workers v Proprietors of Lee-Downs Nursing Home (1977) 57 WAIG 455 discussed
Humphris v Harbour Radio Pty Ltd (1999) 32 ACSR 537 referred to

Inland Revenue Commissioners v Rossminster Limited