Pryde v Warramunda Village [2000] FCA 1374

FEDERAL COURT OF AUSTRALIA

Pryde v Warramunda Village [2000] FCA 1374

INDUSTRIAL LAW – alleged underpayment of wages - whether the respondent committed a breach or non – observance of the Health Services Union of Australia (Victoria – Private Sector) Interim Award 1993 and the Health and Allied Services – Private Sector – Victoria Consolidated Award 1995 – whether those awards governed the terms and conditions of employment of the applicants when performing a "sleepover shift" – whether the performance of that shift, and payment for it, fall outside the purview of the relevant awards and were governed instead by a term of the applicants' contracts of employment Workplace Relations Act 1996 (Cth) s178(2) Employee Relations Act 1992 (Vic) Associations Incorporation Act 1981 (Vic) Industrial Relations Act 1979 (Vic) s47(11) Health and Allied Services-Private Sector-Victoria Consolidated Award 1995 Health Services Union of Australia (Victoria-Private Sector) Interim Award 1993

Australian Nursing Federation v Healthscope Limited (t/as The Melbourne Clinic) (Marshall J, unreported,18 September 1995) followed

Metropolitan Health Service Board v Australian Nursing Federation [2000] FCA 784 per French J, followed DIANNE PRYDE & BERYL ANDERSON v WARRAMUNDA VILLAGE INC. V 100 of 1999 MARSHALL J MELBOURNE 15 SEPTEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 100 of 1999

BETWEEN: DIANNE PRYDE

FIRST APPLICANT

BERYL ANDERSON

SECOND APPLICANT

AND: WARRAMUNDA VILLAGE INC.

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 15 SEPTEMBER 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. It is declared that the respondent committed a breach or non-observance of the Health Services Union of Australia (Victoria-Private Sector) Interim Award 1993 ("the 1993 Award") by failing to pay the applicants whilst engaged on sleepover duties in accordance with the terms of the Health and Allied Services Award of the Industrial Relations Commission of Victoria ("the State Award") in respect of: - ordinary time rates of pay - week day ordinary hours - week day overtime - weekend ordinary hours - weekend overtime - public holidays, and - failure to pay the correct wages arrears at times required by the State Award.