Shop, Distributive & Allied Employees' Association v Harris Scarfe Australia Pty Ltd

The Shop, Distributive & Allied Employees' Association appealed against a decision of the Full Bench of the Fair Work Commission, which had ruled that certain casual employees of Harris Scarfe Australia Pty Ltd were not entitled to be paid public holiday rates when rostered to work on a public holiday. The Full Bench had found that the employees did not have a "fixed and predictable" roster that entitled them to be paid public holiday rates when rostered to work on a public holiday. The appeal was brought before the Full Court of the Federal Court of Australia.

The central legal issue before the court was whether the casual employees were entitled to be paid public holiday rates when rostered to work on a public holiday. The court had to consider the meaning of "rostered to work" in the relevant award and whether the employees' rosters were "fixed and predictable" as required by the award. The court also had to consider whether the employees' employment contracts contained any term that entitled them to be paid public holiday rates when rostered to work on a public holiday.

The court found that the employees' rosters were not "fixed and predictable" as required by the award. The court held that the employees' employment contracts did not entitle them to be paid public holiday rates when rostered to work on a public holiday. The court held that the term "rostered to work" in the award referred to employees who were required to work on a particular day, rather than employees who were available to work on a particular day. The court found that the employees were not required to work on the public holidays in question, and were only available to work if called upon to do so. The appeal was dismissed.

The court's decision has important implications for employers and employees in the retail industry. Employers can now be confident that they are not required to pay casual employees public holiday rates when they are rostered to work on a public holiday, provided that the employees' rosters are not "fixed and predictable" as required by the relevant award. Employees, on the other hand, may need to carefully review their employment contracts and awards to ensure that they are entitled to the protections and entitlements to which they are legally entitled.