CFMEU Northern Mining and NSW Energy District v Sunset Power International Pty Ltd trading as Delta Electricity (Delta) [2017] NSWIRComm 1074

Industrial Relations Commission New South Wales Medium Neutral Citation: CFMEU Northern Mining and NSW Energy District v Sunset Power International Pty Ltd trading as Delta Electricity (Delta) [2017] NSWIRComm 1074 Hearing dates: 18 November 2016 and 19 December 2016 Date of orders: 30 November 2017 Decision date: 30 November 2017 Before: Stanton C Decision: Applications refused Catchwords: Section 146B of the Industrial Relations Act 1996- interpretation of federal enterprise agreement - s 740(4) of the Fair Work Act 2009 considered-application of Total Salary Package Agreement where public holidays not worked and personal/carers leave is claimed in a period that includes a public holiday- statutory nature of enterprise agreements- principles governing the interpretation of federal industrial instruments- ss 99 and 116 of Fair Work Act - Golden Cockerel observed – disputed provisions long standing and have plain meaning – no ambiguity – disputed public holidays are paid at the base rate of pay -applications refused. Legislation Cited: Fair Work Act 2009 Industrial Relations Act 1996 Cases Cited: Australian International Air Pilots Association v Qantas Airways Limited [2017] FCA 346 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union' known as the Australian Manufacturing Workers Union (AMWU) v Berri Pty Limited [2017] FWCFB 2005 Kucks v CSR Limited [1996] IRCA 166 Polan v Goulburn Valley Health [2016] FCA 440 SDA v Woolworths Limited [2013] FWCFB 2814 Stratton Finance Pty Limited v Webb [2014] FCAFC 110 The Australasian Meat Industry Employees Union v Golden Cockerel Pty Limited [2014] FWCFB 7447 Category: Principal judgment Parties: CFMEU Northern Mining and NSW Energy District (CFMEU)