Dixon v Broadlex Cleaning Australia Pty Ltd [2000] FCA 476

FEDERAL COURT OF AUSTRALIA

Dixon v Broadlex Cleaning Australia Pty Ltd [2000] FCA 476 WORKPLACE RELATIONS - recreation leave - whether recreation leave clause of 1982 award preserved by savings clause in subsequent award. WORKPLACE RELATIONS - long service leave - applicant employed by successive cleaning contractor companies - calculation of "period of service" for the purposes of Long Service Leave Act 1976 (ACT) - ascertainment of employer upon whom obligation to provide leave falls. Workplace Relations Act 1996 (Cth), s 178(5), s 178(6), s 179, s 179A Federal Court of Australia Act 1976 (Cth), s 51A, s 51A(1) Long Service Leave Act 1976 (ACT), s 3, s 6, s 6(1), s 7, s 10, s 10(1)(c), s 10A, s 10A(a), s 11, s 11A, s 11B, s 11C Caretakers, Cleaners and Lift Drivers (ACT) Award 1982, cl 23, cl 23(a)(i) Cleaning (Building and Property Services) (ACT) Award 1996, cl 1.7.2(a), cl 6.5.1, cl 7.1.1 Alcatel Australia Ltd v Scarcella (1998) 44 NSWLR 349 referred Garry Rogers Motors (Aust) Pty Ltd v Subaru (Aust) Pty Ltd [1999] FCA 903 referred H K Frost Holdings Pty Ltd (in liq) v Darvall McCutcheon (a firm) [1999] FCA 795 referred ROBERT ARTHUR DIXON v BROADLEX CLEANING AUSTRALIA PTY LIMITED (ACN 060 581 526) AG 72 of 1998

FINN J 12 APRIL 2000 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY AG 72 OF 1998

DISTRICT REGISTRY

BETWEEN: ROBERT ARTHUR DIXON

APPLICANT

AND: BROADLEX CLEANING AUSTRALIA PTY LIMITED

(ACN 060 581 526)

RESPONDENT

JUDGE: FINN J

DATE OF ORDER: 12 APRIL 2000

WHERE MADE: CANBERRA

THE COURT DIRECTS THAT: 1. the parties bring in minutes of order giving effect to these reasons and to any order made in relation to the penalties claim. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.