Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Telstra Corporation Limited v Peisley [2006] FCAFC 79
WORKERS COMPENSATION – appeal from Administrative Appeals Tribunal – calculation of normal weekly earnings – whether working overtime when on recall – operation of statutory expressions overtime, required, and on a regular basis – operation of the statutory expression requiredin relation to working overtime
Administrative Appeal Tribunal Act 1975 (Cth) ss 43 and 44 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4(1), 8(1) and (2), 9, 19
Comcare Australia v Pires (2005) 143 FCR 104 referred to Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (1981) 147 CLR 297 referred to Re Zarb and Comcare (1997) 48 ALD 718 not followed Bortolazzo v Comcare (1997) 75 FCR 385 approved TELSTRA CORPORATION LIMITED v CHRISTOPHER PEISLEY ACD 31 OF 2005 WILCOX, CONTI AND STONE JJ 9 JUNE 2006 SYDNEY (HEARD IN CANBERRA) IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 31 OF 2005
On appeal from the General Administrative Division of the Administrative Appeals Tribunal
BETWEEN: TELSTRA CORPORATION LIMITED
APPLICANT
AND: CHRISTOPHER PEISLEY
RESPONDENT
JUDGES: WILCOX, CONTI AND STONE JJ
DATE OF ORDER: 9 JUNE 2006
WHERE MADE: SYDNEY (HEARD IN CANBERRA)
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 31 OF 2005
On appeal from the General Administrative Division of the Administrative Appeals Tribunal
BETWEEN: TELSTRA CORPORATION LIMITED
APPLICANT
AND: CHRISTOPHER PEISLEY
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