Jarrad, Clifford v. Nissan Motor Manufacturing Company (Australia) Ltd [1979] FCA 61

Jarrad, Clifford v. Nissan Motor Manufacturing Company (Australia) Ltd [1979] FCA 61

For shift workers, under clause 20 of the Award, only the identified 'holiday shift' qualifying under clause 20(e)—defined as the rostered shift, the major portion of which falls on the holiday—is entitled to holiday penalty rates if worked, and the general holiday pay provision (clause 20(a)) does not apply to work done in other shifts which merely extend into the holiday. As the employees were rostered for, but not required to work, the holiday shift, no penalty rates were payable for other work performed which extended into the holiday.

Parties
Claimant: Clifford Jarrad; Respondent: Nissan Motor Manufacturing Co. (Australia) Ltd.
Jurisdiction
Australia
Judgment Date
26 June 1979
Procedural Posture
Summons for Penalty Under Award / Final Judgment
Outcome
summons dismissed
Legal Topics
Shift Work, Holiday Pay, Award Interpretation
Industrial Law Shift Work Holiday Pay Award Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Clifford Jarrad

Claimant

Nissan Motor Manufacturing Co. (Australia) Ltd.

Respondent

Procedural Posture

Summons for Penalty Under Award / Final Judgment

Legal Issues

  1. 1 Whether certain shifts worked by employees spanning into public holidays should be paid at the rate of two and one-half times the ordinary rate under clause 20 of the Nissan Australia Vehicle Industry Award 1976.
  2. 2 Interpretation of 'holiday shift' under clause 20(e) of the Award and its application to the facts.

Ratio Decidendi

For shift workers, under clause 20 of the Award, only the identified 'holiday shift' qualifying under clause 20(e)—defined as the rostered shift, the major portion of which falls on the holiday—is entitled to holiday penalty rates if worked, and the general holiday pay provision (clause 20(a)) does not apply to work done in other shifts which merely extend into the holiday. As the employees were rostered for, but not required to work, the holiday shift, no penalty rates were payable for other work performed which extended into the holiday.

Court Disposition

summons dismissed

Orders

  • The summons herein be dismissed.