Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chief Commissioner of Police v Kerley [2008] FCAFC 41
INDUSTRIAL LAW – interpretation of certified agreements – entitlement to penalty rates and allowances under Victoria Police Force Certified Agreement 2001 and Victoria Police Force (Police Officers, Protective Services Officers, Police Reservists & Police Recruits) Certified Agreement 1998 incorporating Victoria Police Force Award (No. 1 of 1992) – whether under 1998 Agreement it was a requirement to give notice of places at which you could be readily contacted in order to be entitled to "available for duty allowance" – whether respondents were "rostered or otherwise directed" to stand by available for resumption of duty under the 1998 Agreement – whether respondents were "standing by at home (or other approved place)"within the meaning of the on call allowance provision in the 2001 Agreement – whether the respondents were "authorised" to be "on call" under the 2001 Agreement
WORDS AND PHRASES – "rostered or otherwise directed", "authorised"
Workplace Relations Act 1996 (Cth), s 853
Amcor Ltd v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241 referred to
CHIEF COMMISSIONER OF POLICE v SHAYNE KERLEY VID 266 OF 2007 CHIEF COMMISSIONER OF POLICE v DAVID BOELL VID 267 OF 2007 CHIEF COMMISSIONER OF POLICE v LUKE MCLEOD VID 268 OF 2007 CHIEF COMMISSIONER OF POLICE v TIMOTHY TULLY VID 269 OF 2007
MOORE, LANDER AND JESSUP JJ
20 march 2008
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 266 OF 2007
ON APPEAL FROM THE MAGISTRATES' COURT OF VICTORIA (INDUSTRIAL DIVISION)
BETWEEN: CHIEF COMMISSIONER OF POLICE
Appellant
AND: SHAYNE KERLEY
Respondent
JUDGES: MOORE, LANDER AND JESSUP JJ DATE OF ORDER: 20 MARCH 2008
WHERE MADE: MELBOURNE
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