Hawkins v Queensland Meat Export Company Propriety Limited t/a Smorgon Meat Group
[1996] IRCA 373
•16 Aug 1996
DECISION NO: 373/96
CATCHWORDS
INDUSTRIAL LAW - INTERPRETATION OF AWARD - meaning of “engagement” - applicant was a “regular daily employee” who was “engaged” to work seasonally at meatworks - TERMINATION OF EMPLOYMENT - REDUNDANCY - whether applicant’s engagement terminated at end of season or at time meatworks not re-opened - requirement of NOTICE - whether NOTICE OF TERMINATION of engagement required on REDUNDANCY
Industrial Relations Act 1988 (Cth): s 170db(4) & (5); s 413
The Constitution: s 109
The Meat Processing (Angliss Group) Award 1981
Queensland Meatworks Industrial Agreement Award 1983
Dawn May, Arctic Regions in a Torrid Zone: The History of the Ross River Meatworks 1892-1992 (1992, Department of History & Politics, James Cook University, Townsville, Qld)
Australian Meat Industry Employees Union v Sunland Enterprises Pty Ltd (1988) 81 ALR 213.
Bechara v Gregory Harrison Healey & Co (Industrial Relations Court of Australia, Madgwick J, 19 April 1996, unreported)
Food Preservers Union of Australia v Wattie Pict Ltd (1975) 172 CAR 227
Metal Trades Industry Association of Australia v The Amalgamated Metal Workers’ and Shipwrights’ Union (1983) 152 CLR 632
Short v F W Hercus Pty Ltd (1993) 40 FCR 511
Termination, Change and Redundancy Case (1984) 8 IR 34
Termination, Change and Redundancy Case (TCR No.2) 295 CAR 673
HAWKINS v QUEENSLAND MEAT EXPORT COMPANY PROPRIETARY LIMITED TRADING AS SMORGON MEAT GROUP
QI 1306 of 1995
CORAM: MADGWICK J
PLACE: SYDNEY
DATE: 16 AUGUST 1996
IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA
NEW SOUTH WALES
DISTRICT REGISTRY
No. QI 1306 of 1995
BETWEEN HAWKINS
Applicant
AND QUEENSLAND MEAT EXPORT COMPANY
PROPRIETARY LIMITED TRADING AS
SMORGON MEAT GROUP
Respondent
CORAM: MADGWICK J
PLACE: SYDNEY
DATE: 16 AUGUST 1996
MINUTES OF ORDER
THE COURT DECLARES THAT:
On the true interpretation of The Meat Processing (The Angliss Group) Award 1981 the applicant was entitled to pay in lieu of four weeks’ notice of the termination of her engagement by the respondent on 1 March 1995.
AND ORDERS THAT:
The respondent forthwith pay to the applicant
(a)the sum of $1,688.00, and
(b)interest thereon at the rate prescribed by Order 35 Rule 8 of the Industrial Relations Court Rules.
IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA
NEW SOUTH WALES
DISTRICT REGISTRY
No. 1306 of 1995
BETWEEN HAWKINS
Applicant
AND QUEENSLAND MEAT EXPORT COMPANY
PROPRIETARY LIMITED TRADING AS
SMORGON MEAT GROUP
Respondent
CORAM: MADGWICK J
PLACE: SYDNEY
DATE: 16 AUGUST 1996
SUPPLEMENTARY JUDGMENT
MADGWICK J: In my Reasons for Judgment published on 31 July 1996 I gave the parties the opportunity to make further submissions on the correct calculation of pay in lieu of notice to which I found the Applicant, Ms Hawkins entitled. Having received those submissions I now make final orders.
For the reasons set out in the submissions of the Respondent’s solicitors in their letter of 13 August 1996, pay in lieu of notice, as provided for by clause 8B(a)(i)(5) of the Meat Processing (The Angliss Group) Award 1981 should be calculated having regard to the Applicant’s classification rate for the period of such notice, not her average earnings. Both parties agree that Ms Hawkins’ classification rate was $417.00 per 5 days.
I therefore will appropriately alter the orders I earlier proposed and make the following final orders:
Declare that on the true interpretation of The Meat Processing (The Angliss Group) Award 1981 the applicant was entitled to pay in lieu of four weeks’ notice of the termination of her engagement by the respondent on 1 March 1995.
Order that, accordingly, the respondent forthwith pay to the applicant:
(a)the sum of $1668.00, and
(b)interest thereon at the rate prescribed by Order 35 Rule 8 of the Industrial Relations Court Rules.
I certify that this and the preceding 2 pages are a true copy of the Supplementary Judgment of His Honour Justice Madgwick.
Associate:
Dated: 16 August 1996
APPEARANCES
Counsel for the Applicant: J A Logan
Solicitor for the Applicant: Connolly Suthers
Counsel for the Respondent: J S Douglas QC and J E Murdoch
Solicitor for the Respondent: Blake Dawson Waldron
Date of hearing: 10 November 1995
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