Lister v Woolworths Limited [2003] NSWCC 19

Lister v Woolworths Limited [2003] NSWCC 19

Exhibit A was certified under the Workplace Relations Act 1996 and was not an award or industrial agreement within the meaning of the Conciliation and Arbitration Act 1904, was not a state industrial instrument because it operated in NSW/ACT and was registered under federal legislation, and was not caught by the final words of the s 42(8) definition of "award", which merely included amendments from time to time to instruments otherwise within the listed categories. Accordingly s 42(1)(a) did not apply; s 42(1)(d) applied and the applicant's current weekly wage rate was 80 per cent of average weekly earnings, namely $344.60 per week.

Jurisdiction
Australia
Judgment Date
28 July 2003
Procedural Posture
Application for Determination of Workers Compensation Weekly Payments / Ex Tempore Judgment
Outcome
Award made in the applicant's favour.
Legal Topics
['current Weekly Wage Rate' 'total Incapacity' 'part Time Employee Remuneration' 'definition of Award' 'certified Industrial Agreement']
['workers Compensation' 'statutory Interpretation' 'industrial Law'] ['current Weekly Wage Rate' 'total Incapacity' 'part Time Employee Remuneration' 'definition of Award' 'certified Industrial Agreement']

Case Brief

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Procedural Posture

Application for Determination of Workers Compensation Weekly Payments / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the Woolworths Supermarkets - NSW/ACT Agreement 1991 was an "award" within s 42(8) of the Workers\' Compensation Act 1987.' "Whether the applicant's current weekly wage rate was to be calculated under s 42(1)(a) by reference to the agreement and rostered 20 hours per week, or under s 42(1)(d) as 80 per cent of average weekly earnings." 'Whether the respondent had paid the applicant at the correct weekly compensation rate.']

Ratio Decidendi

Exhibit A was certified under the Workplace Relations Act 1996 and was not an award or industrial agreement within the meaning of the Conciliation and Arbitration Act 1904, was not a state industrial instrument because it operated in NSW/ACT and was registered under federal legislation, and was not caught by the final words of the s 42(8) definition of "award", which merely included amendments from time to time to instruments otherwise within the listed categories. Accordingly s 42(1)(a) did not apply; s 42(1)(d) applied and the applicant's current weekly wage rate was 80 per cent of average weekly earnings, namely $344.60 per week.

Court Disposition

Award made in the applicant's favour.

Orders

  • ['$344.60 per week from 5 June 2001 to 5 December 2001 under s 36 and from 6 December 2001 to date and continuing under s 37.' 'Credit to be given to respondent for payments of $266.20 per week from 5 June 2001 to date.' "Respondent to pay applicant's costs."]