Federal Court of Australia
Federal Court of Australia
Hazell v Sewell [2021] FCAFC 76 Appeal from: Hazell v Sewell [2020] FCCA 2446
File number(s): NSD 1104 of 2020
Judgment of: RARES, FLICK AND KERR JJ
Date of judgment: 21 May 2021
Catchwords: INDUSTRIAL LAW – statutory interpretation – construction of Live Performance Award 2010 – where employer in live performance industry employed disc jockey as a casual to work usually at private functions – whether "performance" as defined had to be open to general public for Award to apply – held: Award applied where employer of disc jockey received payment or benefit for performance.
Legislation: Fair Work Act 2009 (Cth) ss 536, 570 Live Performance Award 2010 cll 3, 4.1, 26.2, B7.2, B9.3,
Cases cited: Finance Sector Union of Australia v Unimoni Pty Ltd [2019] FCA 112 Hazell v Sewell [2020] FCCA 2446 King v Melbourne Vicentre Swimming Club Inc [2020] FCA 1173 Kucks v CSR Ltd (1996) 66 IR 182 Treasury Wine Estates Vintners Ltd v Pearson (2019) 268 FCR 12 Wickman Machine Tool Sales Ltd v L Schuler AG [1974] AC 235 WorkPac Pty Ltd v Skene [2018] FCAFC 131 Zhu v Treasurer (NSW) (2004) 218 CLR 530
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 48
Date of hearing: 13 May 2021
Counsel for the Appellant: Mr P. Doyle Gray with Ms V. Chan
Counsel for the Respondent: Ms V. Bulut
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