Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Telstra Corporation Ltd v Todd [2009] FCA 518
TELSTRA CORPORATION LTD v FRED TODD
NSD 1913 of 2008
COWDROY J
21 MAY 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1913 of 2008
ON APPEAL FROM THE NSW CHIEF INDUSTRIAL MAGISTRATES COURT
BETWEEN: TELSTRA CORPORATION LTD
Appellant
AND: FRED TODD
Respondent
JUDGE: COWDROY J
DATE OF ORDER: 21 MAY 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The decision of Chief Industrial Magistrate Hart dated 19 November 2008 be quashed. 3. The order of Chief Industrial Magistrate Hart dated 19 November 2008 be set aside.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1913 of 2008
ON APPEAL FROM THE NSW CHIEF INDUSTRIAL MAGISTRATES COURT
BETWEEN: TELSTRA CORPORATION LTD
Appellant
AND: FRED TODD
Respondent
JUDGE: COWDROY J
DATE: 21 MAY 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 By Notice of Appeal filed on 10 December 2008 the appellant ('Telstra') appeals from the whole of the decision of Chief Industrial Magistrate Hart in respect of his decision delivered on 19 November 2008. An appeal from the decision of that Court to the Federal Court of Australia exists as a right: see s 853 of the Workplace Relations Act 1996 (Cth) ('the Act').
FACTS 2 The respondent ('Mr Todd') is employed by Telstra as a telecommunications technician. His employment is governed by the terms of the Telstra Corporation General Conditions Award 2001 ('the Award') being an award of the Australian Industrial Relations Commission. 3 Relevantly, Mr Todd's hours of duty are from 8.00 am to 5.00 pm, Monday to Friday, including unpaid meal breaks. Every fortnight, Mr Todd is entitled to a rostered day off. 4 Mr Todd was not rostered to attend work on Easter Monday, 24 March 2008. However, at approximately 11.00 am on that day he was contacted by Telstra and requested to perform emergency work. He did so, and the work concluded at approximately 5.30 pm including travelling time. 5 Clause 12 of the Award ('cl 12') contains conditions pertaining to 'Payment for Public Holiday Work' and clause 18 of the Award ('cl 18') for 'Emergency Work'. Such clauses relevantly provide: 12. PAYMENT FOR PUBLIC HOLIDAY WORK 12.1 Payment for work on a public holiday 12.1.1 Subject to this clause, for rostered holiday work not exceeding the prescribed weekly hours, an employee will be entitled to extra payment at time and a half for time actually worked on the holiday. …
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