Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shop, Distributive and Allied Employees' Association v Woolworths Ltd [2012] FCA 540 Citation: Shop, Distributive and Allied Employees' Association v Woolworths Ltd [2012] FCA 540
Parties: SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES' ASSOCIATION v WOOLWORTHS LTD (ACN 000 014 675)
File number: WAD 383 of 2011
Judge: BARKER J
Date of judgment: 25 May 2012
Catchwords: INDUSTRIAL LAW – Application for declarations – public holiday entitlements – enterprise agreement – National Employment Standards
Legislation: Constitution s 109 Fair Work Act 2009 (Cth) s 43(1), s 44(1), s 55(1), s 55(2), s 55(4), s 55(5), s 55(6), s 55(7), s 56, s 114, s 114(1), s 114(2), s 114(3), s 114(4), s 115, s 115(1)(a), s 115(1)(b), s 116, Div 10, Ch 2, Pt 2-2 Bank Holidays Act 1884 (WA) s 1, s 6, Sch Bank Holidays Act 1970 (WA) s 3, Sch 2 Public and Bank Holidays Act 1972 (WA) s 5, Sch 2 Sunday Observance Laws Amendment and Repeal Act 1997 (WA) Bank Holidays Act 1871 (UK) Sunday Observance Act 1677 (UK)
Cases cited: Australian Nursing Federation v St Francis Xavier Cabrini Hospital Governing Board Inc [2006] FCA 124; (2006) 153 IR 1 Employers' Federation of New South Wales v Australian Liquor, Hospitality and Miscellaneous Workers' Union, Miscellaneous Workers' Division, New South Wales Branch (1994) 87 IR 335 In re Boarding Houses, &c., Employees (State) Award and Other Awards [1961] AR 383 In re Butter, Cheese and Bacon Factories and Milk and Cream Condenseries, &c. (State) and Butter, Cheese and Bacon Factories and Milk and Cream Condenseries, &c. (Newcastle and Northern) Awards [1950] AR 62 In re Iron and Steel Works Employees (Australian Iron and Steel Limited - Port Kembla) and Other Awards [1954] AR 562 Public Holidays, Re ((1994) Public Holidays Test Case) (unreported, AIRC, L4534, Hancock, MacBean SDP and O'Shea C, 4 August 1994) Shop, Distributive and Allied Employees' Association [2009] AIRC 884 Shop, Distributive and Allied Employees' Association [2009] AIRC 924 Shop, Distributive and Allied Employees' Association v Woolworths Limited [2000] FCA 206 Shop, Distributive and Allied Employees' Association v Woolworths SA Pty Ltd [2011] FCA 25 Shop, Distributive and Allied Employees' Association v Woolworths SA Pty Ltd [2011] FCAFC 67
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