Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
INDUSTRIAL LAW - Award - Interpretation - Provision concerning meal breaks - Claim for wages in lieu of meal breaks - Entitlement to an "unpaid lunch break" dependent on whether relevant employees were employed in "non-continuous shift work" - Respondents were employed as boiler attendants on 12 hour shifts that operated continuously for 120 hours each week - Possible application of definition of "continuous work" to bring them within concept of "non-continuous shift work". Workplace Relations Act 1996 (formerly Industrial Relations Act 1988) ss 179 and 412. Timber Industry Consolidated Award 1990, cl 30. DUNCANS HOLDINGS LIMITED v DESMOND KEITH CROSS, KEVIN CHARLES TYLER and MICHAEL ANTHONY McLEOD NI1113 OF 1997 JUDGE: WILCOX J PLACE: SYDNEY DATE: 22 OCTOBER 1997
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NI1113 of 1997
BETWEEN: DUNCANS HOLDINGS LIMITED
Appellant
AND: DESMOND KEITH CROSS
First Respondent
KEVIN CHARLES TYLER
Second Respondent
MICHAEL ANTHONY McLEOD
Third Respondent
JUDGE: WILCOX J
DATE OF ORDER: 22 OCTOBER 1997
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders made by the Local Court at Murwillumbah in favour of each of the respondents, Desmond Keith Cross, Kevin Charles Tyler and Michael Anthony McLeod, be set aside and, in lieu thereof, it be ordered that the Complaint and Summons of each of the said respondents be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NI1113 of 1997
BETWEEN: DUNCANS HOLDINGS LIMITED
Applicant
AND: DESMOND KEITH CROSS
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