"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 (d) who is paid annual leave or proportionate annual leave at the time of such cessation; and (e) who is re-engaged by his employer after the end of the said closing down (being a period of 47 days); is not entitled to payment for such of those Award holidays set forth in clauses 13(a) and 13(b) of the Awara which fall on days within the said period of 47 days 'which would have been ordinary working days, that is to say, week days. The Court orders that there be no order as to costs. | certify that this and the preceding nages are a true copy of the reasons for juel-ment herein of His Honour Mr, Justice Fitzgerald eit L -Purgce Associate Dated Kfecenter, 1703 ware e -,; 1.