Confederation of ACT industry v Australian Liquor Hospitality & Miscellaneous Workers Union & Ors [1998] FCA 1659

Confederation of ACT industry v Australian Liquor Hospitality & Miscellaneous Workers Union & Ors [1998] FCA 1659

Section 5 of the Holidays Act 1958, inserted by the Holidays (Amendment) Act 1997, was intended to create a public holiday on Union Picnic Day for employees covered by the scheduled awards, including the Community and Aged Care Services (ACT) Award 1995. It was compatible with the language and intention of clause 7I.3 of the Award to treat Union Picnic Day as an additional public holiday, and therefore Union Picnic Day was a public holiday for the purposes of clause 6E(c).

Jurisdiction
Australia
Judgment Date
22 December 1998
Procedural Posture
Industrial Law Appeal Concerning Award Interpretation and Public Holiday Penalty Rates / Appeal From a Judge of the Federal Court of Australia Answering Preliminary Questions in Proceedings Under S 178 of the Workplace Relations Act 1996
Outcome
The amended first preliminary question was answered Yes and the appeal was otherwise dismissed.
Legal Topics
['award Interpretation' 'public Holidays' 'penalty Rates' 'union Picnic Day' 'preliminary Questions']
['industrial Law' 'employment Law'] ['award Interpretation' 'public Holidays' 'penalty Rates' 'union Picnic Day' 'preliminary Questions']

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Procedural Posture

Industrial Law Appeal Concerning Award Interpretation and Public Holiday Penalty Rates / Appeal From a Judge of the Federal Court of Australia Answering Preliminary Questions in Proceedings Under S 178 of the Workplace Relations Act 1996

Legal Issues

  1. 1 ['Whether the first Monday in March 1997, Union Picnic Day, was a public holiday for the purposes of clause 6E of the Community and Aged Care Services (ACT) Award 1995 requiring payment of penalty rates on public holidays.' 'Whether s 5 of the Holidays Act 1958, as amended by the Holidays (Amendment) Act 1997, constituted the declaration or prescription of a public holiday for the purposes of clause 7I.3 of the Award.' "Whether the question of inconsistency under the Australian Capital Territory (Self-Government) Act 1988 was relevant to the Union's claim."]

Ratio Decidendi

Section 5 of the Holidays Act 1958, inserted by the Holidays (Amendment) Act 1997, was intended to create a public holiday on Union Picnic Day for employees covered by the scheduled awards, including the Community and Aged Care Services (ACT) Award 1995. It was compatible with the language and intention of clause 7I.3 of the Award to treat Union Picnic Day as an additional public holiday, and therefore Union Picnic Day was a public holiday for the purposes of clause 6E(c).

Court Disposition

The amended first preliminary question was answered Yes and the appeal was otherwise dismissed.

Orders

  • ['The amended first preliminary question be answered as follows: Yes.' 'The appeal is otherwise dismissed.']