Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Degenhardt v Ambulance Victoria [2019] FCA 1841 Appeal from: Degenhardt v Ambulance Victoria (No.3) [2018] FCCA 1113
File number: VID 671 of 2018
Judge: ANASTASSIOU J
Date of judgment: 11 November 2019
Catchwords: INDUSTRIAL LAW – appeal from Federal Circuit Court – whether employee entitled to greater remuneration under enterprise agreement than contract – meaning of 'on call' – whether employee entitled to casual rate of pay for all hours rostered on call – whether estimation of hours worked by telephone records appropriate – no error in approach of primary judge ADMINISTRATIVE LAW – whether primary judge denied appellant procedural fairness where trial split into liability, 'scenarios' and quantum – no denial of procedural fairness
Cases cited: Amcor Ltd v Construction, Forestry, Mining and Energy Union; Minister for Employment and Workplace Relations v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241; 79 ALJR 703; 214 ALR 56; 138 IR 286 Degenhardt v Ambulance Victoria [2017] FCCA 543 Degenhardt & Ambulance Victoria (No.2) [2017] FCCA 2223 Degenhardt v Ambulance Victoria (No.3) [2018] FCCA 1113 Polan v Golburn Valley Health [2016] FCA 440 Warramunda Village Inc v Pryde (2002) 116 FCR 58; FCAFC 58
Dates of hearing: 5 and 14 March 2019
Date of last submissions: 14 March 2019
Registry: Victoria
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
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