Pre-WorkChoices award overrides State long service leave law

Cases

Pre-WorkChoices award overrides State long service leave law

A Full Federal Court has ruled that a Federal award excluding casuals from long service leave entitlements effectively overrode any provision in Victorian law, and so casuals were not entitled to such leave even though they would qualify under the State provisions.

WantToReadMore

Get unlimited access to all of our content.

A Full Federal Court has ruled that a Federal award excluding casuals from long service leave entitlements effectively overrode any provision in Victorian law, and so casuals were not entitled to such leave even though they would qualify under the State provisions.

The Constitutional law principle at issue was whether the Federal law 'covered the field' and so excluded State law. The Full Court found than it did in this case.

This decision overturned a magistrate's decision to grant long service leave pay to a long-term casual worker. The casual was with the same employer for 16 years and he sought LSL payments under s62A of the Victorian Long Service Leave Act.

The Long Service Leave (Oil Drilling Rig Workers and Offshore Catering Workers) Award 1999 specifically excluded 'persons employed as casual employees'.

The full bench unanimously rejected the magistrate's finding that the specific exclusion of casuals in the award meant there was no intention to cover the field in relation to LSL for casuals.

Compass Group (Australia) Pty Ltd v Bartram [2007] FCAFC 26 (9 March 2007)

Related

Federal unfair dismissal legislation designed to take over States' jurisdiction


 

 

Post details