Polan v Goulburn Valley Health (No 2) [2017] FCA 30

FEDERAL COURT OF AUSTRALIA

Polan v Goulburn Valley Health (No 2) [2017] FCA 30 File number: VID 611 of 2014

Judge: MORTIMER J

Date of judgment: 31 January 2017

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 – where the Court has found that the applicant receiving and making calls from doctors and rearranging rosters at home while on-call constituted overtime work – where parties do not agree on how the applicant's entitlements should be calculated – sum of entitlements the applicant is entitled to – whether interest payable

Legislation: Evidence Act 1995 (Cth) s 191 Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) ss 37M(1), 37M(2) Workplace Relations Act 1996

Cases cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; 239 CLR 175 Aristocrat Technologies Australia Pty Ltd v DAP Services (Kempsey) Pty Ltd [2007] FCAFC 40; 157 FCR 564 Australia and New Zealand Banking Group Ltd v Westpac Banking Corporation [1988] HCA 17; 164 CLR 662 David Securities Pty Ltd v Commonwealth Bank of Australia [1992] HCA 48; 175 CLR 353 Enzed Holdings Ltd v Wynthea Pty Ltd (1984) 4 FCR 450; 57 ALR 167 Pavey and Matthews Pty Ltd v Paul [1987] HCA 5; 162 CLR 221 Polan v Goulburn Valley Health [2016] FCA 440 Tabet v Gett [2010] HCA 12; 240 CLR 537 TCL Air Conditioner (Zhongshan) Company Ltd v Castel Electronics Pty Ltd [2014] FCAFC 83; 232 FCR 361 The Commonwealth v Amann Aviation Pty Ltd [1991] HCA 54; 174 CLR 64