Recent Cases

Target Australia Pty Ltd v Shop, Distributive and Allied Employees’ Association [2023] FCAFC 66 (10 May 2023) (Bromberg, Jackson and Feutrill JJ)


Catchwords:


INDUSTRIAL LAW – construction of enterprise agreement provision providing paid annual leave to part‑time and full-time employees – meaning of ‘ordinary time earnings’ – whether ‘ordinary time earnings’ for purpose of calculating payment for annual leave includes penalties and loadings prescribed for employees working their ordinary hours outside of the span of ordinary hours of the workplace, or alternatively only includes payment at the employee’s ordinary hourly rate of pay – purpose of annual leave loading – application of principles of construction for industrial agreements – common understanding as an aide to construing enterprise agreements – whether past payment practices sufficiently considered – whether ‘ordinary time earnings’ for purpose of calculating annual leave includes over-award payments – whether definition of ‘ordinary time earnings’ placed elsewhere in the enterprise agreement applies in respect of the use of that phrase in the provision providing paid annual leave – purpose of paid annual leave – appeal dismissed – cross‑appeal dismissed