Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bell v Minister for Health [2006] FCA 134
INDUSTRIAL LAW – application under s 178 of the Workplace Relations Act 1996 (Cth) for imposition of penalty for award breaches – award interpretation – whether award rostering requirements applicable – no question of principle Workplace Relations Act 1996 (Cth) s 178 Health and Disability Services – Support Workers - Western Australian Government - Award 2001 cl 26
JILLIAN BELL v MINISTER FOR HEALTH
WAD 165 OF 2004
MARSHALL J
22 FEBRUARY 2006
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 165 OF 2004
BETWEEN: JILLIAN BELL
APPLICANT
AND: MINISTER FOR HEALTH
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 22 FEBRUARY 2006
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The application is dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 165 OF 2004
BETWEEN: JILLIAN BELL
APPLICANT
AND: MINISTER FOR HEALTH
RESPONDENT
JUDGE: MARSHALL J
DATE: 22 FEBRUARY 2006
PLACE: PERTH
REASONS FOR JUDGMENT 1 Ms Jillian Bell has a grievance with her employer, the Minister for Health in the State of Western Australia. Her grievance concerns her treatment by management at the Princess Margaret Hospital with respect to her rostering arrangements. She has applied under s 178 of the Workplace Relations Act 1996 (Cth) for a penalty to be imposed on her employer for breaches of cl 26 of the Health and Disability Services – Support Workers - Western Australian Government - Award 2001. 2 Ms Bell commenced employment at the hospital as a casual cleaner/ patient care assistant on 12 June 2002. From 28 July 2002 until 23 November 2002 she was engaged in a cleaning position for 70 hours work per fortnight. The basis of this engagement was not the subject of any evidence before the Court. On 25 November 2002 she accepted a written offer of permanent employment as a cleaner. On 16 June 2003, Ms Bell accepted an offer of employment as a Patient Care Assistant Reliever. This position involves Ms Bell working shifts as a patient care assistant, relieving persons who occupy that substantive classification and who are not available for duty at particular times. 3 When engaged as a cleaner Ms Bell worked an average of 70 hours per fortnight. Whilst engaged as a relief patient care assistant, Ms Bell works an average of 80 hours a fortnight.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate