Compass Group (Australia) Pty Ltd v Bartram [2007] FCAFC 26

Compass Group (Australia) Pty Ltd v Bartram [2007] FCAFC 26

The certified agreement, by referring to the Long Service Leave award which expressly excludes casual employees from entitlement, evinces an intention to deal conclusively with the subject of long service leave, including by excluding casuals; therefore, the State LSL Act is inconsistent with the certified agreement under s 109 of the Constitution and s 170LZ of the Workplace Relations Act 1996 (Cth), and cannot apply to the respondent as a casual employee.

Jurisdiction
Australia
Judgment Date
09 March 2007
Procedural Posture
Appeal / Appeal From Judgment of Magistrates Court of Victoria
Outcome
Appeal allowed
Legal Topics
['inconsistency Under Constitution S 109' 'certified Agreements Under Federal Law' 'long Service Leave Entitlements for Casual Employees' 'interaction Between Federal Certified Agreements and State Law']
['constitutional Law' 'industrial Law' 'workplace Relations' 'employment Law'] ['inconsistency Under Constitution S 109' 'certified Agreements Under Federal Law' 'long Service Leave Entitlements for Casual Employees' 'interaction Between Federal Certified Agreements and State Law']

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Procedural Posture

Appeal / Appeal From Judgment of Magistrates Court of Victoria

Legal Issues

  1. 1 ['Whether provisions of the Long Service Leave Act 1992 (Vic) are inconsistent with certified agreement under Workplace Relations Act 1996 (Cth)' 'Whether federal certified agreement covers the field regarding long service leave for casual employees']

Ratio Decidendi

The certified agreement, by referring to the Long Service Leave award which expressly excludes casual employees from entitlement, evinces an intention to deal conclusively with the subject of long service leave, including by excluding casuals; therefore, the State LSL Act is inconsistent with the certified agreement under s 109 of the Constitution and s 170LZ of the Workplace Relations Act 1996 (Cth), and cannot apply to the respondent as a casual employee.

Court Disposition

Appeal allowed

Orders

  • ['The appeal be allowed.' 'The orders made by the Magistrates Court be set aside.' "The respondent's complaint in the Magistrates Court be dismissed."]