Shop, Distributive & Allied Employees Association v Woolworths Ltd [2000] FCA 206

Shop, Distributive & Allied Employees Association v Woolworths Ltd [2000] FCA 206

28 December 1999 and 3 January 2000 were not 'additional public holidays' within the meaning of cl 21.3 because those days were expressly accounted for as substitute public holidays in cl 21.2, and cl 21.3 only applies to holidays in addition to those provided in cll 21.1 and 21.2.

Source-derived case information.

Parties
Applicant: Shop, Distributive and Allied Employees Association; First Respondent: Woolworths Limited (ACN 000 014 675); Second Respondent: Woolworths (Q'land) Limited; Third Respondent: Woolworths (Vict) Pty Ltd
Jurisdiction
Australia
Judgment Date
20 March 2000
Procedural Posture
Application for Interpretation of Certified Agreement / Judgment
Outcome
Application for interpretation dismissed; declaration made
Legal Topics
Interpretation of Certified Agreement, Public Holidays, Industrial Agreements
Industrial Law Interpretation of Certified Agreement Public Holidays Industrial Agreements

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Parties

Shop, Distributive and Allied Employees Association

Applicant

Woolworths Limited (ACN 000 014 675)

First Respondent

Woolworths (Q'land) Limited

Second Respondent

Woolworths (Vict) Pty Ltd

Third Respondent

Procedural Posture

Application for Interpretation of Certified Agreement / Judgment

Legal Issues

  1. 1 Interpretation of the term 'additional public holiday' in cl 21.3 of the Woolworths Supermarkets - NSW/ACT Agreement 1998

Ratio Decidendi

28 December 1999 and 3 January 2000 were not 'additional public holidays' within the meaning of cl 21.3 because those days were expressly accounted for as substitute public holidays in cl 21.2, and cl 21.3 only applies to holidays in addition to those provided in cll 21.1 and 21.2.

Court Disposition

Application for interpretation dismissed; declaration made

Orders

  • It is declared that each of 28 December 1999 and 3 January 2000 was not an additional public holiday within the meaning of cl 21.3 of the Woolworths Supermarkets - NSW/ACT Agreement 1998.