A J Mills and Sons Pty Ltd v Transport Workers' Union of New South Wales [2009] NSWIRComm 135

Industrial Relations Commission of New South Wales

CITATION: A J Mills and Sons Pty Ltd v Transport Workers' Union of New South Wales [2009] NSWIRComm 135

A J Mills and Sons Pty Ltd (Appellant) PARTIES: Transport Workers' Union of New South Wales (Respondent)

FILE NUMBER(S): IRC 18 of 2009

CORAM: Boland J President at [1]; Backman J at [1]; Staff J at [132]

APPEAL – statutory interpretation – long service leave – sugar cane industry – whether seasonal workers entitled to long service leave – purpose of long service leave – history of long service leave – legislative intention – consideration of meaning of 'continuous employment' – unbroken contract of employment – working under one or more contracts of employment – expectation of continuing employment – engagement – appeal upheld.

CATCHWORDS: STATUTORY INTERPRETATION – appeal – long service leave – sugar cane industry – whether seasonal workers entitled to long service leave – purpose of long service leave – history of long service leave – legislative intention – consideration of meaning of 'continuous employment' – unbroken contract of employment – working under one or more contracts of employment – expectation of continuing employment – engagement – appeal upheld.

LONG SERVICE LEAVE – appeal – statutory interpretation – sugar cane industry – whether seasonal workers entitled to long service leave – purpose of long service leave – history of long service leave – legislative intention – consideration of meaning of 'continuous employment' – unbroken contract of employment – working under one or more contracts of employment – expectation of continuing employment – engagement – appeal upheld.