Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Complete Windscreens (SA) Pty Ltd v Fair Work Ombudsman (No 2) [2017] FCAFC 212 Appeal from: Fair Work Ombudsman v Complete Windscreens (SA) Pty Ltd [2016] FCA 621 Fair Work Ombudsman v Complete Windscreens (SA) Pty Ltd (No 2) [2016] FCA 1563
File number: SAD 30 of 2017
Judges: NORTH, COLLIER AND CHARLESWORTH JJ
Date of judgment: 15 December 2017
Catchwords: APPEAL AND NEW TRIAL – trial judge found limited sample evidence not representative of large volume of material – no error in finding sample not representative – appellant seeking to run arguments on appeal not advanced before trial judge – arguments on appeal founded on facts not supported by evidence adduced at trial INDUSTRIAL LAW – findings of contravention of Fair Work Act 2009 (Cth) — whether employees entitled to be compensated for unpaid work – employees found by trial judge not to be on breaks when on call by employer — employees entitled to be paid in periods when they understood themselves to be on call and were in fact on call – trial judge correctly classified employees under industrial instruments
Legislation: Fair Work Act 2009 (Cth) Workplace Relations Act 1996 (Cth)
Cases cited: Fair Work Ombudsman v Complete Windscreens (SA) Pty Ltd [2016] FCA 621 Fair Work Ombudsman v Complete Windscreens (SA) Pty Ltd (No 2) [2016] FCA 1563 Fox v Percy (2003) 214 CLR 118 Robinson Helicopter Company Inc v McDermott [2016] HCA 22, (2016) 331 ALR 550
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