Shop Distributive & Allied Employees’ Association v Woolworths Ltd [2011] FCA 25

FEDERAL COURT OF AUSTRALIA

Shop Distributive & Allied Employees' Association v Woolworths Ltd [2011] FCA 25 Citation: Shop Distributive & Allied Employees' Association v Woolworths Ltd [2011] FCA 25

Parties: SHOP DISTRIBUTIVE AND ALLIED EMPLOYEES' ASSOCIATION v WOOLWORTHS SA PTY LTD

File number: SAD 57 of 2010

Judge: BESANKO J

Date of judgment: 25 January 2011

Catchwords: INDUSTRIAL LAW — Application for declaration pursuant to s 21 of the Federal Court of Australia Act 1976 (Cth) — Where respondent supermarket chain said to have contravened clause of Certified Agreement by failing to pay public holiday benefits to employee who worked on both 25 and 26 April 2010 — where Certified Agreement provided for public holiday benefits on specified days, including Anzac Day — where Certified Agreement provided that public holiday benefits should attach to additional public holidays proclaimed in South Australia — where Holidays Act 1910 (SA) provided that where Anzac Day fell on a Sunday, both Sunday and Monday were public holidays — where 25 April 2010 fell on a Sunday — whether 26 April 2010 an 'additional holiday' for purpose of agreement — whether history of public holiday provisions in industrial instruments relevant to interpretation of Certified Agreement — whether employee entitled to public holiday benefits on 25 and 26 April 2010 HELD: The application was dismissed. The word 'additional' in the Certified Agreement referred to a different occasion from the public holidays specified in the Agreement, and not just to a different day. 26 April 2010 was not separate and distinct from Anzac Day, and accordingly public holiday benefits did not attach to 26 April 2010.