Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
United Voice v Wilson Security Pty Ltd [2019] FCAFC 66 Appeal from: United Voice v Wilson Security Pty Ltd [2018] FCA 1215
File number(s): ACD 86 of 2018
Judge(s): Collier, bromwich and wheelahan JJ
Date of judgment: 26 April 2019
Catchwords: INDUSTRIAL LAW – where Security Services Award 2010 provides for flexible rostering – where Award did not require payment for both penalty rates and overtime loading for the same hours – where respondent allocated overtime to Sundays over a four-week roster to avoid paying Sunday penalty rates – whether overtime hours can take place before ordinary hours worked – held: primary judge correct to conclude that the Award did not restrict allocation of overtime before ordinary hours worked –appeal dismissed
Legislation: Fair Work Act 2009 (Cth) ss 62, 62(2), 63, 545(1) Fair Work (Registered Organisations) Act 2009 (Cth) Security Services Industry Award 2010 cll 21, 21.1, 21.2, 22, 22.3, 23, 23.1, 21.11, 21.12
Cases cited: Australian Communication Exchange Ltd v Deputy Commissioner of Taxation [2003] HCA 55; 77 ALJR 1806 4 Yearly Review of Modern Awards – Casual Employment and Part-Time Employment [2017] FWCFB 3541; 269 IR 125 Re Confectioners (State) Conciliation Committee [1930] AR (NSW) 184 Re Steel Works Employees (Australian Iron and Steel Limited) Conciliation Committee [1941] AR (NSW) 445 CP Mills, Industrial Laws, New South Wales: Fourth Edition of "Nolen and Cohen" (Butterworths, 1977)
Date of hearing: 1 March 2019
Registry: Australian Capital Territory
Division: Fair Work Division
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