Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Nursing and Midwifery Federation v Royal Children's Hospital [2017] FCA 59 File number(s): VID 132 of 2016
Judge(s): NORTH J
Date of judgment: 3 February 2017
Catchwords: INDUSTRIAL LAW – construction of enterprise agreement – whether or not definition of experience limited to experience under enterprise agreement
Legislation: Health Practitioners Regulation National Law 2009 Nurses and Midwives Act 1991 (NSW)
Date of hearing: 13 December 2016
Date of last submissions: 20 December 2016
Registry: Victoria
Division: General Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 25
Counsel for the Applicants: Mr J McKenna
Solicitor for the Applicants: Ryan Carlisle Thomas
Counsel for the Respondent: Mr M Rinaldi
Solicitor for the Respondent: K & L Gates
ORDERS VID 132 of 2016
BETWEEN: AUSTRALIAN NURSING AND MIDWIFERY FEDERATION First Applicant
KATRINA SCHILLI Second Applicant
AND: ROYAL CHILDREN'S HOSPITAL Respondent
JUDGE: NORTH J DATE OF ORDER: 3 February 2017
THE COURT ORDERS THAT:
1. The answer to the following question: By reason of the matters alleged in paragraphs 1 to 5 of the statement of claim [which are reflected, omitting additional particulars in some paragraphs, in paragraphs 1 to 5 of the agreed statement of facts set out in [4] of the reasons for judgment], was the respondent obliged to recognise the second applicant's employment as a Registered Nurse at the Royal Hospital for Women in New South Wales as "Experience" for the purpose of calculating her "Years of Experience" pursuant to cl. 40.9 and Schedule B to the Nurses and Midwives (Victorian Public Section) (Single Interest Employers) Enterprise Agreement 2012 – 2016; is yes. 2. The proceeding is adjourned to a case management hearing on 17 March 2017 at 10:15am. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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