Federal Court of Australia
Federal Court of Australia
Secretary, Attorney-General's Department v Warren [2022] FCAFC 118 Appeal from: Warren v Secretary, Attorney-General's Department [2021] FCA 89
File number: NSD 204 of 2021
Judgment of: RARES, THAWLEY AND ANDERSON JJ
Date of judgment: 12 July 2022
Catchwords: INDUSTRIAL LAW – construction of the phrase "attributable to" the entitlement in s 19(2)(a) of the Fair Entitlements Guarantee Act 2012 (Cth) – whether the employer's payment of a casual loading to the applicant during the employment was "attributable to" the applicant's entitlements to annual leave and severance pay – held that it was: appeal allowed
Legislation: Fair Entitlements Guarantee Act 2012 (Cth) ss 3(a), 4(2), 5, 6(2), 6(5), 14, 15, 16(1), 19, 20–24, 25–27 Fair Work Act 2009 (Cth) pts 2-2, 2-3, ss 61(1), 44(1), 45, 55(1)–(4), 90(2), 92 Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Act 2021 (Cth) Fair Work Commission, Black Coal Mining Industry Award 2010 (MA000001, 23 March 2010) cll 10.4, 13.1, 14.3, 14.4, 25.1, 25.2, 25.7, sch B
Cases cited: Haritos v Federal Commissioner of Taxation [2015] FCAFC 92; 233 FCR 315 Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited [2015] HCA 37; 256 CLR 104 Warren and Secretary, Department of Jobs and Small Business [2019] AATA 95 WorkPac v Rossato [2020] FCAFC 84; 378 ALR 585 WorkPac Pty Ltd v Rossato [2021] HCA 23; 392 ALR 39
Division: Fair Work Division
Registry: New South Wales
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