Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Toyota Motor Corp Australia Ltd v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [1999] FCA 1471
INDUSTRIAL LAW – interpretation of award – public holidays – rates of pay – shift commencing on day preceding public holiday and ending in early morning of public holiday – whether employees who work such a shift are entitled to be paid at two and one half times ordinary rate of pay
Workplace Relations Act 1996 (Cth) s 413
Toyota Australia Vehicle Industry Award 1988 cll 13, 17, 21 Toyota Australia Workplace Agreement (Altona) 1995 cl 25 Nissan Australia Vehicle Industry Award 1976 cll 20, 23 Jarrad v Nissan Motor Manufacturing Co. (Australia) Ltd (1979) (Smithers ACJ, Federal Court, 26 June 1979, unreported), not followed
City of Wanneroo v Holmes (1989) 30 IR 362, applied
Re Brack; Ex p Operative Painters and Decorators Union of Australia (1984) 51 ALR 731, referred to
TOYOTA MOTOR CORPORATION AUSTRALIA LTD v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING & KINDRED INDUSTRIES UNION V201 of 1999 MOORE, MARSHALL & FINKELSTEIN JJ 28 OCTOBER 1999 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V201 OF 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: TOYOTA MOTOR CORPORATION AUSTRALIA LTD
(ACN 004 384 333)
Appellant
AND: AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION
Respondent
JUDGES: MOORE, MARSHALL & FINKELSTEIN JJ
DATE OF ORDER: 28 OCTOBER 1999
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: The appeal 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
VICTORIA DISTRICT REGISTRY V201 OF 1999
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