Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Rail, Tram and Bus Industry Union New South Wales Branch v Sydney Trains [2022] FCA 86 File number: NSD 910 of 2020
Judgment of: BROMWICH J
Date of judgment: 11 February 2022
Catchwords: INDUSTRIAL LAW – hearing on the question of liability in respect of an application for declarations as to the respondent's contravention of the Fair Work Act 2009 (Cth) – whether contravention of relevant enterprise agreements by reason of non-payment of overtime meal allowances – where entitlement to meal allowance conditional upon the employee being "required" to complete overtime – where entitlement to meal allowance conditional upon where the employee "ordinarily" has a meal
Legislation: Fair Work Act 2009 (Cth) Sydney Trains Enterprise Agreement 2014 Sydney Trains Enterprise Agreement 2018
Cases cited: City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Union [2006] FCA 813; 153 IR 426 James Cook University v Ridd [2020] FCAFC 123; 278 FCR 566 Kucks v CSR Ltd [1996] IRCA 141; 66 IR 182 Ridd v James Cook University [2021] HCA 32; 394 ALR 12 WorkPac Pty Ltd v Skene [2018] FCAFC 131; 264 FCR 536
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 49
Date of hearing: 30 July 2021
Counsel for the Applicant: L Saunders
Solicitor for the Applicant: Michael Doherty Legal
Counsel for the Respondent: V Bulut
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