How to interpret industrial instruments.

“The established approach to the construction and application of industrial instruments is contained in the following frequently cited statement by Madgwick J in Kucks v CSR Limited (1996) 66 IR 182 at 184:

It is trite that narrow or pedantic approaches to the interpretation of an award are misplaced. The search is for the meaning intended by the framer(s) of the document, bearing in mind that such framer(s) were likely of a practical bent of mind: they may well have been more concerned with expressing an intention in ways likely to have been understood in the context of the relevant industry and industrial relations environment than with legal niceties or jargon. Thus, for example, it is justifiable to read the award to give effect to its evident purposes, having regard to such context, despite mere inconsistencies or infelicities of expression which might tend to some other reading. And meanings which avoid inconvenience or injustice may reasonably be strained for. For reasons such as these, expressions which have been held in the case of other instruments to have been used to mean particular things may sensibly and properly be held to mean something else in the document at hand.”

And see Basi v Namitha Nakul Pty Ltd [2022] FCA 712 delivered 21 June 2022 per Halley J