Australian Nursing Federation v Flinders Medical Centre [2002] FCA 1534

FEDERAL COURT OF AUSTRALIA

Australian Nursing Federation v Flinders Medical Centre [2002] FCA 1534

WORKPLACE RELATIONS – imposition of penalty for breach of certified agreement – whether breach trivial or merely technical – factors relevant to the assessment of penalty

Workplace Relations Act 1996 (Cth), ss 178, 356 South Australian Health Commission Act 1976 (SA) Victoria University of Technology v Australian Education Union (1999) 91 IR 96; [1999] FCA 1065 – referred to National Tertiary Education Industry Union v University of Wollongong [2002] FCA 31 - applied Gibbs v City of Altona (1992) 37 FCR 216 – discussed AUSTRALIAN NURSING FEDERATION v FLINDERS MEDICAL CENTRE S 221 of 2001 MANSFIELD J 13 DECEMBER 2002 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S.221 OF 2001

BETWEEN: AUSTRALIAN NURSING FEDERATION

APPLICANT

AND: FLINDERS MEDICAL CENTRE

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 13 DECEMBER 2002

WHERE MADE: ADELAIDE

THE COURT DECLARES THAT: 1. In August 2001 Flinders Medical Centre breached cl 8.6(iii)(a) of the Nurses' (South Australia Public Sector) Enterprise Agreement 2001 (the Certified Agreement). 2. On about 15 November 2001 Flinders Medical Centre breached cl 8.4 of the Certified Agreement. THE COURT ORDERS THAT: 1. A penalty of $1750 be imposed on Flinders Medical Centre in respect of its contravention of cl 8.6(iii)(a) of the Certified Agreement. 2. A penalty of $3500 be imposed on Flinders Medical Centre in respect of its contravention of cl 8.4 of the Certified Agreement. 3. The said penalties be paid to Australian Nursing Federation by 10 January 2003. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA