Recent Cases

Health Services Union v Catering Industries (NSW) Pty Ltd [2023] FCAFC 82 (29 May 2023) (Katzmann, Snaden and Raper JJ)


INDUSTRIAL LAW – appeal from decision of the Federal Court of Australia – whether employer covered by the Aged Care Award 2010 or Hospitality Industry General Award 2020 – declaratory relief sought – jurisdiction to grant declaratory relief – appropriateness of classifications under respective awards – where employer provides catering services to residential aged care facility – where parties engaged in bargaining for an enterprise agreement to be made under the Fair Work Act 2009 (Cth) – where dispute in relation to award coverage underscores application of “better off overall test” under that enactment – construction of coverage provisions in modern awards – meaning of employer “in the aged care industry”