Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union v Toyota Motor Corp Australia Ltd [1999] FCA 393

FEDERAL COURT OF AUSTRALIA

Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union v Toyota Motor Corp Australia Ltd [1999] FCA 393

AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION v TOYOTA MOTOR CORPORATION AUSTRALIA LTD VG 719 OF 1997 RYAN J 9 APRIL 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 719 OF 1997

BETWEEN: AUTOMOTIVE, FOOD, METALS, ENGINEERING,

PRINTING AND KINDRED INDUSTRIES UNION

Applicant

AND: TOYOTA MOTOR CORPORATION AUSTRALIA LTD

(ACN 004 384 338)

Respondent

JUDGE: RYAN J

DATE OF ORDER: 9 APRIL 1999

WHERE MADE: MELBOURNE

MINUTES OF ORDER

THE COURT ORDERS: THAT IT BE DECLARED that on its true meaning and intent cl 17 of the Toyota Australia Vehicle Industry Award 1988 ("the Award"): (a) entitles any employee who is required to work for any part of a shift commencing before 10.45 pm on a public holiday as defined in cl 21 of the Award to be paid for the whole of such shift at the rate of two and one-half times the ordinary rate; (b) entitles any employee who is required to work a shift which commences before midnight on the day preceding a public holiday as defined in cl 21 of the Award and which extends for any period into the public holiday to be paid for the whole of such shift at the rate of two and one-half times the ordinary rate; PROVIDED HOWEVER that an employee who is required to work on two shifts each of which falls partly on the same public holiday shall only be entitled to be paid at the rate of two and one-half times the ordinary rate for the whole of one such shift, being the shift the greater part of which falls on the public holiday. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.