Australian Nursing Federation v Healthscope Limited (t/as The Melbourne Clinic) [1995] IRCA 471

CATCHWORDS INDUSTRIAL LAW - Interpretation of an award - history of award clauses - breach or non-observance of award

Industrial Relations Act 1988 s 178 Employee Relations Act 1992 (Vic) s24 Short v F.W. Hercus Pty Limited (1993) 40 FCR 511, 517-520 (per Burchett J) and 523 (per Drummond J). Registered Nurses (Salaries and Career Structure) Reference [No. 1] (1986) 2 VIR 205 Registered Nurses (Salaries and Career Structure) Reference [No 2] (1987) 2 VIR 296 Royal Australian Nursing Federation (Victorian Branch): Re Registered Nurses Award (1987) 3 VIR 60, 63 No. VI 1514 of 1995 AUSTRALIAN NURSING FEDERATION v HEALTHSCOPE LIMITED (T/AS THE MELBOURNE CLINIC) Marshall J Melbourne 18 September 1995

IN THE INDUSTRIAL RELATIONS ) ) COURT OF AUSTRALIA ) ) No. VI 1514 of 1995 VICTORIA DISTRICT REGISTRY ) BETWEEN: AUSTRALIAN NURSING FEDERATION Applicant

AND: HEALTHSCOPE LIMITED (T/AS THE MELBOURNE CLINIC) Respondent JUDGE: Marshall J PLACE: Melbourne DATE: 18 September 1995 ORDER THE COURT ORDERS THAT:

1. It is declared that the respondent has committed a breach or non-observance of clause 4 of the Nurses (Victorian Health Services) Roping-in No. 1 Award 1994 ("the award") by failing to pay Charles Leigh at the charge nurse rate provided for in the Nurses (Victorian Health Services) Award 1992 2. The respondent shall pay to Charles Leigh the sum of $10,781.10 being an amount that the respondent was required to pay under the award which Charles Leigh has not been paid.

3. The matter is adjourned until 9.30 a.m. on 16 October 1995 for the Court to hear submissions on the question of the penalty, if any, which should be imposed upon the respondent. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.