Australian Liquor Hospitality & Miscellaneous Workers Union v The Uniting Church in Australia (ACT) Property Trust t/as Mirrinjani Retirement Village [1998] FCA 474

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW - Interpretation of Award - Principles relevant to interpretation - use of extrinsic material - Whether ACT Holidays Act inconsistent with Award - Whether Union Picnic Day capable of being a "Public Holiday" within the terms of the Award - Whether the Award deals exclusively with Union Picnic Day. Holidays (Amendment) Act 1997 (ACT) Australian Capital Territory (Self-Government) Act 1988, s 28 Community and Aged Care Services (ACT) Award 1995 Re Income Tax Acts (No 1) [1930] VLR 211 Registrar of Titles (WA) v Franzen (1975) 132 CLR 611 at 618 Short v F W Hercus Pty Ltd (1993) 40 FCR 511 Curragh Queensland Mining Ltd v Construction, Forestry, Mining and Energy Union, FC of Australia unreported, 25 November 1997, Merkel J AUSTRALIAN LIQUOR HOSPITALITY AND MISCELLANEOUS WORKERS UNION (Applicant) v THE UNITING CHURCH IN AUSTRALIA (AUSTRALIAN CAPITAL TERRITORY) PROPERTY TRUST TRADING AS MIRRINJANI RETIREMENT VILLAGE (Respondent) AG 88 of 1997 FINN J CANBERRA 6 MAY 1998

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY AG88 of 1997

BETWEEN: AUSTRALIAN LIQUOR HOSPITALITY AND MISCELLANEOUS WORKERS UNION

Applicant

AND: THE UNITING CHURCH IN AUSTRALIA (AUSTRALIAN CAPITAL TERRITORY) PROPERTY TRUST trading as MIRRINJANI RETIREMENT VILLAGE

Respondent

JUDGE: FINN J

DATE OF ORDER: 6 MAY 1998

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. The preliminary questions are to be answered as follows: Question 1: Yes Question 2: No Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY AG88 of 1997

BETWEEN: AUSTRALIAN LIQUOR HOSPITALITY AND MISCELLANEOUS WORKERS UNION