Confederation of ACT industry v Australian Liquor Hospitality & Miscellaneous Workers Union & Ors [1998] FCA 1659

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW – issue of whether union picnic day was a public holiday for the purposes of a provision in the relevant award requiring payment of penalty rates on public holidays – circumstances giving rise to question included variation to the relevant award prescribing minimum number of public holidays and a subsequent amendment to the Holidays Act 1958 (ACT) – meaning of the term "public holiday".

Workplace Relations Act 1996 (Cth) s 178 Community & Aged Care Services Award (ACT) 1995

Ophel v Yarra City Council (1998) 80 IR 183 Interpretation of Awards (Re Observance of 28th December, 1953, As a Holiday) (1953) 78 CAR 83

CONFEDERATION OF ACT INDUSTRY v AUSTRALIAN LIQUOR HOSPITALITY AND MISCELLANEOUS WORKERS UNION and THE UNITING CHURCH IN AUSTRALIA (AUSTRALIAN CAPITAL TERRITORY) PROPERTY TRUST trading as MIRRINJANI RETIREMENT VILLAGE AG 42 of 1998

O'CONNOR, MOORE AND MADGWICK JJ 22 DECEMBER 1998 SYDNEY (HEARD IN CANBERRA)

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY AG 42 of 1998

DISTRICT REGISTRY

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: CONFEDERATION OF ACT INDUSTRY

AppELlant

AND: AUSTRALIAN LIQUOR HOSPITALITY AND MISCELLANEOUS WORKERS UNION

First Respondent

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

Second Respondent

JUDGES: o'connor, moore and madgwick jj

DATE OF ORDER: 22 DECEMBER 1998

WHERE MADE: SYDNEY (HEARD IN CANBERRA)

THE COURT ORDERS THAT: 1. The amended first preliminary question be answered as follows: Yes. 2. The appeal is otherwise dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.