Australasian Meat Industry Employees Union v S.C.I. Meat & Paper Pty Ltd [1983] FCA 378

"ate - CATCHWORDS

INDUSTRIAL - interpretation - entitlement

employees to award holidays.

Conciliation and Arbitration Act, $.1190

AUSTRALASTAN MEAT INDUSTRY EMPLOYEES' UNION v. §.C.1. MEAT AND PAPER PTY LTD

Qld Q13 of 1983

FITZGERALD J. BRISBANE 7_ DECEMBER 1983

of

certain

IN THE FEDERAL COURT OF AUSTRALTA ) QUEENSLAND DISTRICT REGISTRY ) QLD Q13 of 1983 INDUSTRIAL DIVISION }

BETWEEN : AUSTRALASTAN MEAT INDUSTRY EMPLOYEES ' UNION Applicant AND: 5.C.1. MEAT AND PAPER PTY LTD Respondent FITZGERALD J. 7 DECEMBER 1983

EXTEMPORE REASONS FOR JUDGMENT

The entitlement to an award holiday under clause 13 or

clause 14 of the Queensland Meatworks Industrial Aqreement Award

1979 ("the Award") is dependent upon the existence at the date of the award holiday of an employer/employee relationship and upon the award holiday falling e1ther on a work day during ine currency of that relationship or during the period while the employee is absent from work, usually because he or she 1585 enjoying a period of annual leave. There are exceptions, for example, under sub-clause 13(f), but none are suggested to be

presently relevant.

The question posed assumed that although there was an

employer/employee relationship, both prior to and subsequent to

the period when the Award holidays fell, there was no such relationship during that period. IT cannot find any intention to provide the affirmative answer sought by the applicant even ona

liberal approach to the Award.

Accordingly, the Court declares that upon the true

meaning and intent of the Award, a regular daily employee:

(a) who ceases work immediately prior to his employer's closing down of the employer's plant for an indefinite period; and

(b) whose engagement the employer terminates; and

{c) who is paid by the employer unused sick leave credits but 1s not paid accrued long service leave; and