Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shop Distributive and Allied Employees' Association v Woolworths SA Pty Ltd [2011] FCAFC 67 Citation: Shop Distributive and Allied Employees' Association v Woolworths SA Pty Ltd [2011] FCAFC 67
Appeal from: Shop Distributive and Allied Employees' Association v Woolworths Ltd [2011] FCA 25
Parties: SHOP DISTRIBUTIVE AND ALLIED EMPLOYEES' ASSOCIATION v WOOLWORTHS SA PTY LTD
File number: SAD 26 of 2011
Judges: MARSHALL, TRACEY AND FLICK JJ
Date of judgment: 17 May 2011
Catchwords: INDUSTRIAL LAW – appeal from single judge of the Federal Court – application for a declaration that the respondent breached an industrial instrument – interpretation of public holiday clause in industrial instrument – whether employee entitled to public holiday rates for work performed on Anzac Day where employee was paid public holiday rates the following day as a substitute
Legislation: Holidays Act 1910 (SA) s 3A
Cases cited: Anzac Day Holiday Test Case (2004) 134 IR 270 Amcor Limited v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241 Lion Nathan Australia Pty Ltd v Coopers Brewery Ltd (2006) 156 FCR 1 Short v FW Hercus Pty Ltd (1993) 40 FCR 511 City of Wanneroo v Holmes (1989) 30 IR 362
Date of hearing: 17 May 2011
Place: Adelaide
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 19
Counsel for the Appellant: Mr T Stanley QC
Solicitor for the Appellant: Donald Blairs
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