Health Services Union v Ballarat Health Services [2011] FCA 1256

FEDERAL COURT OF AUSTRALIA

Health Services Union v Ballarat Health Services [2011] FCA 1256 Citation: Health Services Union v Ballarat Health Services [2011] FCA 1256

Parties: HEALTH SERVICES UNION v BALLARAT HEALTH SERVICES

File number: VID 2 of 2010

Judge: GRAY J

Date of judgment: 4 November 2011

Catchwords: INDUSTRIAL LAW – certified agreement – interpretation – employees in receipt of "commuted allowance" originally designed to compensate for work on weekends and public holidays – when originally introduced, no extra allowance made for afternoon and night shifts worked on weekends and public holidays – certified agreement introduced new entitlement to allowances for afternoon and night shifts on weekends and public holidays – whether employees in receipt of commuted allowance entitled to allowances for afternoon and night shifts worked on weekends and public holidays INDUSTRIAL LAW – certified agreement – interpretation – whether terms of employment contracts between employer and individual employees can affect meaning of agreement – whether common understanding of meaning of term of certified agreement

Legislation: Workplace Relations Act 1996 (Cth) ss 4, 4(1), 170LJ, 170LT, 178(1), 178(6)-(7), 179A, 328, 347, 717, 717(a), 717(a)(iv), 718(1), 718(6), 719(1), 719(6), 719(9), 722, 824, 846 Pt 14, Pt VIB Divs 2, 3, and 4, Sch 7 items 1 and 6(d) Workplace Relations Amendment (Work Choices) Act 2005 (Cth) Sch 1 Fair Work Act 2009 (Cth) Pt 4-1, ss 539(1), 539(2), 540, 540(2), 544, 545(1), 545(2), 545(2)(b), 547, 570 Fair Work (Registered Organisations) Act 2009 (Cth) Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) s 3, Sch 2 items 2, 3, 3(1), 3(2) and 11(1), Sch 3 items 2(1), 2(2)(g), 2(3)(a) and 2(5), Sch 16 items 2(2) and 16(1) Federal Court of Australia Act 1976 (Cth) s 21(1) Federal Court Rules 2011 r 39.06 Workplace Relations Regulations 2006 (Cth) regs 1.3, 2.19 Health Services Act 1988 (Vic) Mental Health Act 1986 (Vic) s 97 Health and Community Services (Nursing, Health Care and Associated Groups) Interim Award 1994 Cll 2, and 3 Victorian Health and Community Services (Psychiatric, Disability and Alcohol & Drug Services) Award 1995 Cll 10.5, 11.1, 11.1(1), 11.1(2)(a)-(d), 11.1(5)(a)-(b), 11.5, 11.5(1), and 11.5(3) Nurses (Victorian Health Services) Award 1992 Cll 20, 22, 24(e), 24(e)(i)-(ii), 56, 56(a), 58, 58(b)(i), and 63(a)(ii)