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Health Services Union v Catering Industries (NSW) Pty Ltd [2023] FCAFC 82

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INDUSTRIAL LAW - appeal from decision of the Federal Court of Australia - whether employer covered by the Aged Care Award 2010 or Hospitality Industry General Award 2020 - declaratory relief sought - jurisdiction to grant declaratory relief - appropriateness of classifications under respective awards - where employer provides catering services to residential aged care facility - where parties engaged in bargaining for an enterprise agreement to be made under the Fair Work Act 2009 (Cth) - where dispute in relation to award coverage underscores application of "better off overall test" under that enactment - construction of coverage provisions in modern awards - meaning of employer "in the aged care industry"

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