Case: City of Wanneroo v Holmes (1989) 30 IR 362
Outcome: cited
It is of course necessary, in the construction of an award, to remember, as a contextual consideration, that it is an award under consideration. Its words must not be interpreted in a vacuum divorced from industrial realities City of Wanneroo v Holmes (1989) 30 IR 362 at 378-379 and cases there cited. There is a long tradition of generous construction over a strictly literal approach where industrial awards are concerned see eg Geo A Bond and Co Ltd (in liq) v McKenzie [1929] AR 499 at 503-4 (Street J). It may be that this means no more than that courts and tribunals will not make too much of infelicitous expression in the drafting of an award nor be astute to discern absurdity or illogicality or apparent inconsistencies. But while fractured and illogical prose may be met by a generous and liberal approach to construction, I repeat what I said in City of Wanneroo v Holmes (at 380): 'Awards, whether made by consent or otherwise, should make sense according to the basic conventions of the English language. They bind the parties on pain of pecuniary penalties.' 58 The award definition of Community Services Officer (Welfare and ancillary services) makes reference to the 'role', 'aim' and 'concerns' of such Officers. Their role involves the following elements, ie: '(i) encourage, promote or conduct community pursuits.' Their aim is: '(ii) maintenance or improvement of general social and living standards with regard to family support services, income, welfare, employment, education, health, housing, children's, youth, aged and domiciliary services.' Their 'primary concern' is expressed in the alternative to the 'aim' and is said to be: (iii) the social and living standards in the community.' The definition of Community Services Officer, examined by reference to its language alone, is a kind of verbal Rorschach blot into which almost anything can be read. The first two limbs bring together a role and a stated aim that seem mutually inapposite. The ordinary meaning of the word 'pursuit' in the context in which it appears in the Award is 'the action of following or engaging in something, as a profession, business or recreation' Shorter Oxford English Dictionary. By reference to the words ' community pursuits', a Community Services Officer's role is one which encourages, promotes or conducts business, professional and recreational activities. The word 'community' suggests a limitation by reference to the community served by the local authority which employs the officer. Community pursuits are those which are carried on within the particular community of the municipality. They may encompass activities engaged in by groups and perhaps even individuals within that community. The range of activities covered by the definition is limited in part by the definitions of Community Services Officer (recreation) and Community Services Officer (Arts, Theatre and Museum). They evidence an intention in the Award to carve out of the generality of the term Community Services Officer (Welfare and ancillary services) officers concerned with the encouragement, promotion and conduct of recreational activities and the promotion of artistic, theatrical and museum related activities. 59 The definition of the Community Services Officer's 'aim' begins with words of immense generality which could extend to all levels of government. That is the maintenance or improvement of general social and living standards. The limitation on its generality is itself broadly expressed but again is no doubt to be read within the framework of services provided or supported by the municipality.