Spalding v Can't Tear 'Em Pty Ltd [1999] FCA 1222

FEDERAL COURT OF AUSTRALIA Spalding v Can't Tear 'Em Pty Ltd [1999] FCA 1222

INDUSTRIAL LAW – Claim for severance and sick leave payments – Entitlements provided by certified agreement binding employer in respect of its employees employed pursuant to Clothing Trades Award – Whether appellant employed pursuant to the award – Interpretation of award. Industrial Relations Act 1988 (Cth) s 170MC Workplace Relations Act 1996 (Cth) s179 Workplace Relations and Other Legislation Amendment Act 1996 (Cth) Sch 8

Clothing Trades Award 1982 Construction Forestry Mining and Energy Union v Mount Thorley Operations (1997) 79 FCR 96, referred to O'Toole v Fairey Aviation Co of Australasia Pty Ltd (1953) 78 CAR 143, referred to Re Rubber Plastic & Cable Making Industry Award (1963) 8 FLR 395, applied Cutmore v Bianchin (1974) 22 FLR 127, considered De Havilland Aircraft Pty Ltd v Boyd (1948) 61 CAR 735, applied Re Graphic Arts Award 1948 (1952) 75 CAR 138, applied ANGELITA SPALDING v CAN'T TEAR 'EM PTY LTD Q 122 of 1999 WILCOX, MARSHALL AND DOWSETT JJ BRISBANE 3 SEPTEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 122 of 1999

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ANGELITA SPALDING

Appellant

AND: CAN'T TEAR 'EM PTY LTD

Respondent

JUDGES: WILCOX, MARSHALL AND DOWSETT JJ

DATE OF ORDER: 3 SEPTEMBER 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The appeal be allowed and the order made by Kiefel J on 14 April 1999 be set aside.

2. The matter be remitted to Kiefel J for the purpose of calculation of the relevant entitlements of the appellant.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 122 of 1999