Woolworths Ltd v Lister [2004] NSWCA 292

Woolworths Ltd v Lister [2004] NSWCA 292

The Conciliation and Arbitration Act 1904 was re-enacted with modifications by the 1988 Commonwealth legislation and, as later amended, the Workplace Relations Act 1996; applying Interpretation Act 1987 s 68(3)(a), the reference in Workers Compensation Act 1987 s 42(8) extended to the 1996 Act because no contrary intention appeared and the legislative policy of s 42(8) was unchanged. The certified Woolworths agreement therefore fell within s 42(8), and it provided a means to determine the worker's weekly rate under s 42(1)(a), so the Compensation Court's higher award could not stand.

Jurisdiction
Australia
Judgment Date
27 August 2004
Procedural Posture
Workers Compensation Appeal / Appeal From an Award of the Compensation Court
Outcome
Appeal allowed; award of the Compensation Court set aside; application for determination dismissed; no order as to costs of the appeal.
Legal Topics
['construction of Workers Compensation Act 1987 S 42(8)' 'reference to Repealed and Re Enacted Acts Under Interpretation Act 1987 S 68(3)' 'current Weekly Wage Rate' 'industrial Agreements Under Workplace Relations Act 1996' 'costs Where Appeal Succeeds on Point Not Raised Below']
['workers Compensation' 'statutory Interpretation' 'costs'] ['construction of Workers Compensation Act 1987 S 42(8)' 'reference to Repealed and Re Enacted Acts Under Interpretation Act 1987 S 68(3)' 'current Weekly Wage Rate' 'industrial Agreements Under Workplace Relations Act 1996' 'costs Where Appeal Succeeds on Point Not Raised Below']

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Procedural Posture

Workers Compensation Appeal / Appeal From an Award of the Compensation Court

Legal Issues

  1. 1 ['Whether the reference in Workers Compensation Act 1987 s 42(8) to the Conciliation and Arbitration Act 1904 of the Commonwealth extended to the Workplace Relations Act 1996 by operation of Interpretation Act 1987 s 68(3)(a).' 'Whether the Woolworths Supermarket – NSW/ACT Agreement 1998 was an award or industrial agreement for the purposes of Workers Compensation Act 1987 s 42(8).' 'Whether the agreement fixed or provided for the fixing of a rate for a weekly or longer period under Workers Compensation Act 1987 s 42(1)(a).' 'Whether the appellant should receive costs where the appeal succeeded on a point not raised below.']

Ratio Decidendi

The Conciliation and Arbitration Act 1904 was re-enacted with modifications by the 1988 Commonwealth legislation and, as later amended, the Workplace Relations Act 1996; applying Interpretation Act 1987 s 68(3)(a), the reference in Workers Compensation Act 1987 s 42(8) extended to the 1996 Act because no contrary intention appeared and the legislative policy of s 42(8) was unchanged. The certified Woolworths agreement therefore fell within s 42(8), and it provided a means to determine the worker's weekly rate under s 42(1)(a), so the Compensation Court's higher award could not stand.

Court Disposition

Appeal allowed; award of the Compensation Court set aside; application for determination dismissed; no order as to costs of the appeal.

Orders

  • ['Appeal allowed.' 'Award of Compensation Court set aside and in lieu thereof order that the application for determination be dismissed.' 'No order as to the costs of the appeal.' "The respondent is to have a certificate under the Suitors' Fund Act 1951." 'Liberty to the appellant to apply, on 7 days notice to the...