IR Act – Long Service Leave & Ordinary Rate

Woolworths Limited v Shop Distributive & Allied Employees Association (Queensland Branch) Union of Employees [2010] FCAFC 29 


The Full Federal Court dismissed Woolworth’s appeal and held “ordinary rate being paid” in the context of long service leave entitlement pursuant to a collective agreement; included additional rates for regular non-rotating afternoon shifts, regular non-rotating night shifts or regular Sunday shifts for employees rostered to work such shifts.

Whilst the decision is specific as to certain clauses of the collective agreement it is helpful in its analysis of the tension between sections 43 and 46 of the Industrial Relations Act 1999 (Qld) (“the IR Act”), the jurisdiction of the court for the IR Act and transitional rules for the Workplace Relations Act 1996 (Cth) (“the WR Act”), which has since been repealed. The relevant legislation being Fair Work Act 2009 (Cth) (“the Fair Work Act”).

Brisbane Barrister – David Cormack

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