Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shop, Distributive & Allied Employees Association v ALDI Foods Pty Limited [2017] FCA 6 File number: VID 349 of 2016
Judge: JESSUP J
Date of judgment: 13 January 2017
Catchwords: PRACTICE AND PROCEDURE – Stay of Full Court order pending application for special leave to appeal – Consideration of industrial rights affected by stay
Legislation: Fair Work Act 2009 (Cth) s 186
Cases cited: Jennings Construction Limited v Burgundy Royale Investments Pty Ltd (No 1) (1986) 161 CLR 681 Marconi's Wireless Telegraph Company Ltd v The Commonwealth (No 3) (1913) 16 CLR 384
Date of hearing: 13 January 2017
Registry: Victoria
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 11
Counsel for the Applicant: Mr W Friend QC with Ms A Duffy
Solicitor for the Applicant: A.J. Macken & Co.
Counsel for the First Respondent: Mr G Hatcher SC with Ms A Perigo
Solicitor for the First Respondent: Enterprise Law
ORDERS VID 349 of 2016
BETWEEN: SHOP, DISTRIBUTIVE & ALLIED EMPLOYEES ASSOCIATION Applicant
AND: ALDI FOODS PTY LIMITED AS GENERAL PARTNER OF ALDI STORES (A LIMITED PARTNERSHIP) First Respondent
FAIR WORK COMMISSION Second Respondent
JUDGE: JESSUP J DATE OF ORDER: 13 JANUARY 2017
UPON the first respondent undertaking: (a) From 13 January 2017 until the matter is disposed of in the High Court, separately to maintain in regard of all operations regulated by the Regency Park Agreement ("the Agreement") which would otherwise be regulated by the provisions of the General Retail Industry Award 2010 ("the Award"): (i) all rosters; (ii) all time records, recording actual hours worked, including a new record to be introduced for recording paid rest breaks and meal breaks; (iii) all wage records; (iv) all annual leave records; (v) all personal leave records; (vi) a running calculation reconciling on a fortnightly basis, employees' monetary entitlements under the Award were the Award to apply including a comparison for each period of pay of amounts actually paid pursuant to the Agreement; (vii) all records of employees agreeing to conditions where an agreement is necessary or relevant to an Award entitlement; and (b) In the event of the application for special leave, or any subsequent appeal to the High Court, being unsuccessful, to provide a copy of these records to the applicant.
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