Federal Court of Australia
Federal Court of Australia
Chinese Australian Services Society Limited v Sun [2022] FCA 1076 Appeal from: Wei v Chinese Australian Services Society Ltd [2020] FCCA 1293
File number: NSD 989 of 2020
Judgment of: SNADEN J
Date of judgment: 14 September 2022
Catchwords: INDUSTRIAL LAW – employment – appeal from Federal Circuit Court of Australia – application of National Employment Standards and modern award – whether Saturday penalty entitlements paid – whether salary packaging arrangement allowed under Award – whether agreement between parties that Saturday loading entitlement displaced by remuneration that was paid – whether employee had accrued and untaken annual leave at the time of termination of employment – whether adjustment of annual leave accruals reflected the taking of annual leave – appeal allowed in part
Legislation: Fair Work Act 2009 (Cth) ss 44, 45, 87, 88, 90 and 570 Social, Community, Home Care and Disability Services Industry Award 2010 cll 14 and 26
Cases cited: Poletti v Ecob (No 2) (1989) 31 IR 321 Ray v Radano [1967] AR (NSW) 471 Wei v Chinese Australian Services Society Ltd [2020] FCCA 1293 WorkPac Pty Ltd v Rossato (2020) 278 FCR 179
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 39
Date of hearing: 28 April 2022
Counsel for the Appellant: Mr G Lucarelli
Solicitor for the Appellant: Australegal
Counsel for the Respondent: Mr N Y H Li
Solicitor for the Respondent: Ting Legal
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