Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Polan v Goulburn Valley Health [2016] FCA 440 File number: VID 611 of 2014
Judge: MORTIMER J
Date of judgment: 29 April 2016
Catchwords: INDUSTRIAL LAW – application for relief under the Fair Work Act 2009 (Cth) and the Workplace Relations Act 1996 (Cth) – alleged breaches of enterprise agreements – meaning of phrase "recall to duty" in applicable enterprise agreements – whether recall to duty clauses limited to the issuing of a direction by an employer to perform duties on a specific occasion – difference between recall to duty and overtime work – whether the applicant making and receiving calls to and from doctors and rearranging rosters at home while on-call constituted a "recall to duty" where the requirement to do so was an ongoing arrangement rather than a specific request from employer – whether the applicant receiving and making calls from doctors and rearranging rosters at home while on-call was overtime work
Legislation: Acts Interpretation Act 1901 (Cth) ss 15AA, 46 Fair Work Act 2009 (Cth) Workplace Relations Act 1996 (Cth)
Cases cited: Akiba v Commonwealth [2013] HCA 33; 250 CLR 209 Amcor Ltd v Construction, Forestry, Mining and Energy Union [2005] HCA 10; 222 CLR 241 Australasian Meat Industry Employees Union v Golden Cockerel Pty Ltd [2014] FWCFB 7447; 245 IR 394 Certain Lloyd's Underwriters v Cross [2012] HCA 56; 293 ALR 412 City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Union [2006] FCA 813; 153 IR 426 Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (Cth) [1981] HCA 26; 147 CLR 297 Director of Public Employment v New South Wales Fire Brigades Employees' Union [2008] NSWIRComm 158; 180 IR 170 Independent Commission Against Corruption (NSW) v Cunneen [2015] HCA 14; 89 ALJR 475 Kucks v CSR Ltd (1996) 66 IR 182 Lacey v Attorney-General (Qld) [2011] HCA 10; 242 CLR 573 Lee v NSW Crime Commission [2013] HCA 39; 251 CLR 196 Short v FW Hercus Pty Ltd [1993] FCA 72; 40 FCR 511 Toll (FGCT) Pty Ltd v Alphapharm [2004] HCA 52; 219 CLR 165 Toyota Motor Corp Australia Ltd v Marmara [2014] FCAFC 84; 222 FCR 152 Transport Workers' Union of Australia v Linfox Australia Pty Ltd [2014] FCA 829; 318 ALR 54 Warramunda Village Inc v Pryde [2002] FCA 250; 116 FCR 58
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