Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kanes Hire Pty Ltd v Mitchell [2010] FCA 756 Citation: Kanes Hire Pty Ltd v Mitchell [2010] FCA 756
Appeal from: Mitchell v Kanes Hire (unreported, Chief Industrial Magistrates Court of New South Wales, Newcastle, Chief Industrial Magistrate Hart, 125735 of 2008, 13 January 2010)
Parties: KANES HIRE PTY LTD, ROBERT MITCHELL, THE FAIR WORK OMBUDSMAN
File number: NSD 93 of 2010
Judge: MOORE J
Date of judgment: 21 July 2010
Catchwords: INDUSTRIAL LAW – appeal from Chief Industrial Magistrate of NSW – award interpretation – meaning of 'retail shop employee' – principles of award interpretation – major and substantial purpose – scope clause and plain words of the award – entitlement to severance pay where redundancy and employee given notice their employment is to be terminated
Legislation: Notional Agreement Preserving the Shop Employees (State) Award Shops and Industries Act 1962 (NSW) s 78 Workplace Relations Act 1996 (Cth) ss 720, 725
Cases cited: Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Comdox (No 272) Pty Ltd (t/as Ronald Stead Golf) v Dawson (1993) 49 IR 458 Concut Pty Ltd v Worrell (2000) 176 ALR 693 Kingmill Australia Pty Ltd t/a Thirfty Car Rental v Federated Clerks Union of Australia (NSW) [2001] 106 IR 217 Kucks v CSR Ltd (1996) 66 IR 182 Mitchell v Kanes Hire (unreported, Chief Industrial Magistrates Court of New South Wales, Newcastle, Chief Industrial Magistrate Hart, 125735 of 2008, 13 January 2010) Shepherd v Felt and Textiles of Australia Ltd (1931) 45 CLR 359 Softplay Pty Ltd v Department of Industrial Relations (Inspector McMahon) (1999) 94 IR 175 Ware v O'Donnell Griffin (Television Services) Pty Ltd [1971] AR(NSW) 18
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