Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
United Voice v Valspar (WPC) Pty Ltd [2014] FCAFC 34 Citation: United Voice v Valspar (WPC) Pty Ltd [2014] FCAFC 34
Appeal from: United Voice v Valspar (WPC) Pty Ltd [2013] FCCA 1437
Parties: UNITED VOICE v VALSPAR (WPC) PTY LTD
File number: SAD 303 of 2013
Judges: MARSHALL, BUCHANAN and PERRY JJ
Date of judgment: 27 March 2014
Catchwords: INDUSTRIAL LAW – appeal from the Federal Circuit Court of Australia – contravention of s 50 of the Fair Work Act 2009 (Cth) by an employer – contravention of a term of an enterprise agreement by an employer – direction to employees to take annual leave at specified times – antecedents of an enterprise agreement in construing a provision
Legislation: Conciliation and Arbitration Act 1904 (Cth), s 28 Evidence Act 1995 (Cth), s 191 Fair Work Act 2009 (Cth), ss 12, 44(1), 50, 88(1) The Australian Paint Industry (Manufacturing) Agreement 1975, cl 26 Wattyl Group of Companies Certified Agreement 2003, cl 39 Wattyl Group Enterprise Agreement 2010, cll 34, 47
Cases cited: Amcor Limited v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241 City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Union (2006) 153 IR 426 Metal Trades Annual Leave Case (1945) 55 CAR. 595 Re Metal Trades Award; Re Annual Leave (1963) 104 CAR 221 Shop Distributive and Allied Employees' Association v Woolworths SA Pty Ltd [2011] FCAFC 67 Short v FW Hercus Pty Ltd (1993) 40 FCR 511 United Voice v Valspar (WPC) Pty Ltd [2013] FCCA 1437
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