Ambulance Service Victoria (South Western Region) & Ors v Australian Liquor, Hospitality & Miscellaneous Workers Union [1998] FCA 196

FEDERAL COURT OF AUSTRALIA Industrial Law - interpretation of clause in certified agreements - interpretation given to phrases "on-call", "rest period", "re-call" and "stand-by" - rates of pay for the relevant periods. Workplace Relations Act 1996, s 413, 413A

Master Builders' Association of Victoria v Australian Building Construction Employees' and Builders Labourers' Federation [1981] 54 FLR 358 Australian Nursing Federation v Royal Melbourne Hospital [1995] 58 IR 214 State of Victoria v Australian Teachers' Union [1993] 49 IR 149 Kucks v CSR Limited [1996] 66 IR 182 Federal Firefighters' Union v Minister of State for the Capital Territory [1982] 62 FLR 341 AMBULANCE SERVICE VICTORIA (SOUTH WESTERN REGION) & ORS v AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION VI 2788 OF 1996 NORTHROP J MELBOURNE 10 MARCH 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VI 2788 of 1996

BETWEEN: AMBULANCE SERVICE VICTORIA (SOUTH WESTERN REGION)

ambulance service victoria (western region)

ambulance service victoria (north western region)

ambulance service victoria (north eastern region)

ambulance service victoria (south eastern region)

Applicants

AND: AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION

Respondent

COURT: NORTHROP J

DATE OF ORDER: 10 MARCH 1998

WHERE MADE: MELBOURNE

THE COURT IN RELATION TO EACH OF THE AGREEMENTS: (a) Ambulance Service Victoria (South Western Region) (b) Ambulance Service Victoria (Western Region) (c) Ambulance Service Victoria (North Western Region) (d) Ambulance Service Victoria (North Eastern Region) and (e) Ambulance Service Victoria (South Eastern Region) MAKES THE FOLLOWING ORDERS: 1. That on their true meaning and intent sub-clauses 12(a)(ii) and 12(a)(ix) of the Agreements operate so that subject to the payment for the minimum period of 1.5 hours, where an employee responds to a call while being rostered on call, the rate of double time for "actual periods of duty" is payable for the period of duty extending from the time an employee receives the call until the time the period of duty ends during the period of being rostered on call but where the period of duty on call extends into the time scheduled for that employee's next rostered ordinary shift, the time the employee returns to his place of duty following the completion of the duty to which the call out was directed. This includes any period of duty directed to be done during the period of the on-call roster including the 1.5 hours minimum but excludes any period of duty directed to be done after the commencement of the rostered ordinary shift. 2. That on its true meaning and intent of Cl 12(c) of the Agreements, where an employer instructs an employee to resume or continue work during the employee's 8 hours rest period or break to which the employee has become entitled under Cl 12(c)(i) the employee is required to obey any lawful instructions in that regard and the employer shall pay the employee at the rate of double time in lieu of ordinary single time hourly rates during the period of the employee's shift of ordinary hours until the employer releases the employee from the resumed or continued duty and thereupon the employee is entitled to the off duty period without loss of pay in accordance with Cl 12(c)(iv). 3. That on the true meaning and intent of Cl 12(d) of the Agreements:- (i) The provisions of Cl 12(d) do not apply to an employee during a rest period under Cl 12(c). (ii) The provisions of Cl 12(d) apply only where: (a) the employee is not on a rostered ordinary hours of work shift, and (b) continuous with any rostered shift whether an ordinary hours of work shift or a rostered on-call shift. (iii) Payment for a re-call is to be calculated in conformity with Cl 12(d)(i) and (iii). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.