Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Transport Workers' Union of Australia v Linfox Australia Pty Ltd [2014] FCA 829 Citation: Transport Workers' Union of Australia v Linfox Australia Pty Ltd [2014] FCA 829
Parties: TRANSPORT WORKERS' UNION OF AUSTRALIA v LINFOX AUSTRALIA PTY LTD (ABN 47 004 718 647)
File number: VID 246 of 2012
Judge: TRACEY J
Date of judgment: 8 August 2014
Catchwords: INDUSTRIAL LAW – workers' entitlement to "crib time" under the award – whether employees considered to be "shift workers" – historical consideration of the award
Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) Workplace Relations Act 1996 (Cth) Workplace Relations Amendment (Work Choices) Act 2005 (Cth) Workplace Relations and Other Legislation Amendment Act 1996 (Cth)
Cases cited: Amcor Ltd v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241 – cited Australian Agricultural Company Limited v Federated Engine-driver's and Firemen's Association of Australasia (1913) 17 CLR 261 – cited Australian Liquor Hospitality and Miscellaneous Workers' Union v Broadlex Cleaning Australia Pty Ltd (1997) 78 IR 464 – considered Australian Liquor, Hospitality and Miscellaneous Workers' Union v Prestige Property Services Pty Ltd (2006) 149 FCR 209 – cited Australasian Meat Industry Employees Union v Coles Supermarkets Australia Pty Ltd (1998) 80 IR 208 – cited City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Union (2006) 153 IR 426 – considered Duncans Holdings Limited v Cross (1997) 76 IR 261 – considered Durnford v Allen Taylor and Company Limited (1990) 34 IR 423 – considered Kurks v CSR Limited (1996) 66 IR 182 – considered National Wage Case (1983) 4 IR 429 – considered National Wage Case (1985) 9 IR 192 – considered National Wage Case (1985) 12 IR 139 – considered National Wage Case (1986) 14 IR 187 – considered National Wage Case (1987) 17 IR 65 – considered National Wage Case (1988) 25 IR 170 – considered Pan Foods Company Importers & Distributors Pty Ltd v Australia and New Zealand Banking Group Ltd (2000) 170 ALR 579 – considered Shop Distributive and Allied Employees' Association v Woolworths Limited (2006) 151 FCR 513 – considered Short v FW Hercus Pty Ltd (1993) 40 FCR 511 – cited Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 – cited Upper Hunter County District Council v Australian Chilling and Freezing Co Ltd (1968) 118 CLR 429 – cited
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