Duncans Holdings Ltd v Cross, Desmond Keith & Ors [1997] FCA 1090

Duncans Holdings Ltd v Cross, Desmond Keith & Ors [1997] FCA 1090

Employees who work in continuous shifts (covering 24 hours per day, even if only for five consecutive days) are not engaged in 'non-continuous shift work' within the meaning of cl 30(h)(i) of the Timber Industry Consolidated Award 1990 and are not entitled to an unpaid one hour lunch break under that clause; rather, they are subject to the crib break provisions in cl 30(h)(ii).

Parties
Applicant: Duncans Holdings Limited; First Respondent: Desmond Keith Cross; Second Respondent: Kevin Charles Tyler; Third Respondent: Michael Anthony McLeod
Jurisdiction
Australia
Judgment Date
22 October 1997
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed; orders set aside; complaints dismissed.
Legal Topics
Award Interpretation, Meal Breaks, Wages in Lieu of Meal Breaks, Continuous and Non Continuous Shift Work
Industrial Law Award Interpretation Meal Breaks Wages in Lieu of Meal Breaks Continuous and Non Continuous Shift Work

Case Brief

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Parties

Duncans Holdings Limited

Applicant

Desmond Keith Cross

First Respondent

Kevin Charles Tyler

Second Respondent

Michael Anthony McLeod

Third Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether clause 30(h)(i) of the Timber Industry Consolidated Award 1990 applies to employees working continuous 12-hour shifts over five days.
  2. 2 Whether the respondents' employment was 'non-continuous shift work' and entitled them to a one hour unpaid lunch break per cl 30(h)(i).

Ratio Decidendi

Employees who work in continuous shifts (covering 24 hours per day, even if only for five consecutive days) are not engaged in 'non-continuous shift work' within the meaning of cl 30(h)(i) of the Timber Industry Consolidated Award 1990 and are not entitled to an unpaid one hour lunch break under that clause; rather, they are subject to the crib break provisions in cl 30(h)(ii).

Court Disposition

Appeal allowed; orders set aside; complaints dismissed.

Orders

  • The appeal be allowed.
  • The orders made by the Local Court at Murwillumbah in favour of each of the respondents, Desmond Keith Cross, Kevin Charles Tyler and Michael Anthony McLeod, be set aside and, in lieu thereof, it be ordered that the Complaint and Summons of each of the said respondents be dismissed.