Shop, Distributive & Allied Employees Association v ALDI Foods Pty Limited [2017] FCA 6

Shop, Distributive & Allied Employees Association v ALDI Foods Pty Limited [2017] FCA 6

A stay was granted due to the exceptional circumstances present, including the practical disruptions from switching terms and conditions under the award, the non-personal industrial interest of the applicant, the status quo prior to the Full Court order, and the undertaking offered by the respondent to protect those potentially affected, even though the argument for special leave was not shown to be particularly strong.

Jurisdiction
Australia
Judgment Date
13 January 2017
Procedural Posture
Interlocutory Application / Application for Stay Pending High Court Special Leave Application
Outcome
Stay granted of Full Court Order 2 pending determination of special leave to appeal and, if granted, the resulting appeal to the High Court.
Legal Topics
['stay of Order' 'application for Special Leave' 'enterprise Agreement Approval' 'status Quo Preservation']
['employment & Industrial Relations'] ['stay of Order' 'application for Special Leave' 'enterprise Agreement Approval' 'status Quo Preservation']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Stay Pending High Court Special Leave Application

Legal Issues

  1. 1 ['Whether a stay should be granted on a Full Court order pending application for special leave to appeal to the High Court.' "Which industrial instrument (enterprise agreement or award) should regulate employees' terms and conditions pending appeal." 'Balance of convenience and detriment by granting or refusing a stay.']

Ratio Decidendi

A stay was granted due to the exceptional circumstances present, including the practical disruptions from switching terms and conditions under the award, the non-personal industrial interest of the applicant, the status quo prior to the Full Court order, and the undertaking offered by the respondent to protect those potentially affected, even though the argument for special leave was not shown to be particularly strong.

Court Disposition

Stay granted of Full Court Order 2 pending determination of special leave to appeal and, if granted, the resulting appeal to the High Court.

Orders

  • ["The operation of Order 2 made by the Full Court on 29 November 2016 be stayed pending determination by the High Court of the first respondent's application for special leave to appeal and, if granted, pending the hearing and determination of any resulting appeal."]