Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Queensland Nurses' Union of Employees v Ramsay Health Care Australia Pty Ltd [2016] FCA 1486 File number: QUD 869 of 2015
Judge: RANGIAH J
Date of judgment: 12 December 2016
Catchwords: INDUSTRIAL LAW – pay and leave entitlements for public holidays – alleged contraventions of ss 44 and 116 of the Fair Work Act for failure to pay employees for public holidays – whether employees entitled to be paid for public holidays if not rostered on to work – meaning of ordinary hours of work – alleged contraventions of ss 44, 50, 89(1) and 90 of the Fair Work Act for wrongly recording employees as having taken leave on public holidays
Legislation: Fair Work Act 2009 (Cth) ss 20, 44, 50, 61, 59, 62, 87, 88, 89, 90, 95, 96, 98, 107, 114, 115, 116, 119, 131, 205, 535, Ch 2, Pt 2-2, Divs 6, 7 and 10 Fair Work Regulations 2009 (Cth) regs 3.36 and 3.44
Cases cited: Chan v Cresdon Pty Ltd (1989) 168 CLR 242 CPSU v The GEO Group Australia Pty Ltd [2012] FWA 6707 Dowsett v SouthLink Pty Ltd [2013] FWA 4978 Re FBIS International Protective Services (Aust) Pty Ltd [2012] FWA 10043
Date of hearing: 11 July 2016
Registry: Queensland
Division: General Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 68
Counsel for the Applicant: Mr J Merrell
Solicitor for the Applicant: Roberts and Kane
Counsel for the Respondent: Mr J Murdoch QC with Mr J Dwyer
Solicitor for the Respondent: Minter Ellison
Table of Corrections
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