Federal Court of Australia
Federal Court of Australia
Health Services Union v Catering Industries (NSW) Pty Ltd [2022] FCA 754 File number(s): NSD 1309 of 2021
Judgment of: RARES J
Date of judgment: 31 May 2022
Catchwords: INDUSTRIAL LAW – construction of overlapping modern awards – reconciliation clauses – whether Aged Care Award 2010 or Hospitality Industry General Award 2020 covers and applies to employees of contractor providing catering services for or within aged care facility – where Aged Care Award 2010 applied to employees of facility before they transferred employment to catering contractor – whether contractor providing catering services for or within aged care facilities an employer "in the aged care industry" – whether award classifications in Hospitality Industry General Award 2020 most appropriate to work performed by employees
Legislation: Aged Care Act 1997 (Cth) ss 41–3, 54–2 Fair Work Act 2009 (Cth) ss 46, 47, 48, 157 Aged Care Award 2010 cll 3.1, 4.1, 4.7 Hospitality Industry General Award 2020 cll 4.1, 4.2, 4.4, 4.5, 17, A.2.1, A.2.2
Cases cited: Australian Securities and Investments Commission v DB Management Pty Limited (2000) 199 CLR 321 Transport Workers' Union of Australia v Coles Supermarkets Australia Pty Ltd (2014) 245 IR 449 Treasury Wine Estates Vintners Ltd v Pearson (2019) 268 FCR 12
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 44
Date of hearing: 30–31 May 2022
Counsel for the Applicant: Mr M Gibian SC
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