Spalding v Can't Tear 'Em Pty Ltd [1999] FCA 438

Spalding v Can't Tear 'Em Pty Ltd [1999] FCA 438

The Award did not apply to the appellant as her duties were managerial and supervisory and not of the nature referred to within the Award relating to production staff. There was no sufficient connexion between her employment duties and the activities regulated by the Award.

Jurisdiction
Australia
Judgment Date
14 April 1999
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['construction of Awards' 'employment Within a Nominated Industry' 'classification of Employment Activities']
['industrial Law'] ['construction of Awards' 'employment Within a Nominated Industry' 'classification of Employment Activities']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Clothing Trades Award 1982 applied to the appellant and thus whether provisions relating to leave and redundancy pay in the Yakka Pty Ltd Redundancy Agreement would come into effect']

Ratio Decidendi

The Award did not apply to the appellant as her duties were managerial and supervisory and not of the nature referred to within the Award relating to production staff. There was no sufficient connexion between her employment duties and the activities regulated by the Award.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.']