Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
UnitingCare NSW.ACT v Hancock [2014] FCA 391 Citation: UnitingCare NSW.ACT v Hancock [2014] FCA 391
Appeal from: Chief Industrial Magistrate's Court of New South Wales
Parties: UNITINGCARE NSW.ACT v ELIZABETH HANCOCK, HILARY KILLEN, LEEANNE WATSFORD, GABRIELLE COPELAND, ROBYN CHAPMAN, DEBORAH CAINE, JILLIAN ARCHER, JULIEANN SMITH, KERRIE KNOX, LINDA GILMORE, NENITA GATES and BERNADETTE MCGUINNES
File number(s): NSD 1852 of 2013
Judge(s): BUCHANAN J
Date of judgment: 22 April 2014
Catchwords: INDUSTRIAL LAW – Appeal from Chief Industrial Magistrate's Court of New South Wales – matter brought as a "small claim" – payment of "in charge" allowance to nurses for undertaking supervisory duties in relation to an aged care facility – whether designation by management of being in charge was necessary – nurses told they were in charge and performed the relevant duties – no error by the Chief Industrial Magistrate's Court – appeal dismissed
Legislation: Fair Work Act 2009 (Cth), ss 548, 548(3) Local Court Act 2007 (NSW) Nursing Homes, &C., Nurses' (State) Award (NSW), cl 10 Local Court of New South Wales, Practice Note Civ 1, reissued 7 January 2013, cl 23 UnitingCare Ageing Enterprise Agreement 2007-2009 UnitingCare Ageing Enterprise Agreement 2009-2011 UnitingCare Aged Care Residential & Community Services Agreement (NSW) 2011-2013, cl 30.1
Cases cited: Allied Pastoral Holdings Pty Ltd v Federal Commissioner of Taxation [1983] 1 NSWLR 1 Ashby v Slipper [2014] FCAFC 15 Browne v Dunn (1893) 6 R 67 Bulstrode v Trimble [1970] VR 840 Ellis v Wallsend District Hospital (1989) 17 NSWLR 553 Poricanin v Australian Consolidated Industries Ltd [1979] 2 NSWLR 419
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