Australian Salaried Medical Officers' Federation v Peninsula Health (No 2) [2023] FCA 1070

Federal Court of Australia

Australian Salaried Medical Officers' Federation v Peninsula Health (No 2) [2023] FCA 1070 File number: VID 115 of 2021

Judgment of: BROMBERG J

Date of judgment: 8 September 2023

Legislation: Fair Work Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth)

Cases cited: Australian Salaried Medical Officers' Federation v Peninsula Health [2023] FCA 939

Division: Fair Work Division

Registry: Victoria

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 12

Date of last submissions: 29 August 2023

Date of hearing: Determined on the papers

Counsel for the Applicants: Mr CW Dowling SC, Ms K Burke and Ms E Brumby

Solicitor for the Applicants: Gordon Legal

Counsel for the Respondent: Mr F Parry QC, Ms HA Tiplady and Ms NJ Campbell

Solicitor for the Respondent: Clayton Utz

ORDERS VID 115 of 2021

BETWEEN: AUSTRALIAN SALARIED MEDICAL OFFICERS' FEDERATION First Applicant

GABY BOLTON Second Applicant

AND: PENINSULA HEALTH Respondent

order made by: BROMBERG J DATE OF ORDER: 8 September 2023

THE COURT ORDERS THAT:

1. Pursuant to s 545 of the Fair Work Act 2009 (Cth), within 14 days from the date of these Orders, the Respondent pay the Second Applicant the sum of $5,779.95 in compensation for the loss suffered by her. 2. Pursuant to s 547 of the Fair Work Act 2009 (Cth), the Respondent pay pre-judgment interest on the compensation awarded under Order 1 in the sum of $1,312.19. 3. The questions of law common to the claims of the group members (common questions) are answered in the terms set out in Schedule 1 to these Orders. 4. Pursuant to s 33ZB of the Federal Court of Australia Act 1976 (Cth), the group members (other than any person who opted out of the proceeding under s 33J of the Federal Court of Australia Act 1976 (Cth) within the time provided) are bound by the Court's determination of the common questions. 5. The proceeding be listed for hearing as to whether any penalty should be imposed and as to whether any declaration or declarations should be made, on a date to be fixed on or after 4 December 2023 and on an estimate of one day. 6. On or before six weeks prior to the hearing, the Applicants file and serve: (a) Any affidavits on which they intend to rely; and (b) Written submissions limited to 15 pages. 7. On or before 21 days prior to the hearing, the Respondent file and serve: (a) Any affidavits on which it intends to rely; and (b) Written submissions limited to 15 pages. 8. On or before seven days prior to the hearing, the Applicants file and serve any affidavits in reply and written submissions in reply limited to five pages. 9. On or before three days prior to the hearing, the parties file and serve a joint list of authorities and legislation. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.