Federal Court of Australia
INDUSTRIAL RELATIONS COURT OF AUSTRALIA
Logan v Otis Elevator Company Pty Limited [2001] IRCA 1 INDUSTRIAL LAW – Payment for overtime and call-backs – method of calculation – where it is not possible to determine the exact number of hours worked – whether base hours to be determined by reference to the award or the contract between the parties – whether the overtime was authorised PRACTICE & PROCEDURE – Costs – whether application for amounts due under an award instituted vexatiously or without reasonable cause – interest up to judgement – whether good cause demonstrated against the award of interest Industrial Relations Act 1988 (Cth) ss 170EA, 179, 482 National Metal and Engineering On-Site Construction Award 1989 cl 11 &14 Workplace Relations and Other Legislation Amendment Act 1996 (Cth) Sch 16 Australian Guarantee Corporation Ltd v Border Printing Services (Full Court, Federal Court of Australia, 21 April 1989 unreported) cited Girard v Lundie (1940) 59 NSWIG 202 cited Holland Stolte Pty Ltd v Bergamin (Southwell J, Supreme Court of Victoria, 9 July 1991, unreported) cited Imogen Pty Ltd v Anthony Sangwin (Full Court, Industrial Relations Court of Australia, 20 December 1996, unreported) cited Keft v Kameruka Estates Pty Ltd [1992] NSWIRC 16 cited Lamont v Stein (1936) 35 AR 143 cited Logan v Otis Elevator Company Pty Limited [1997] IRCA 200 referred to Logan v Otis Elevator Company Pty Limited (1999) 94 IR 218 referred to Maciver v Hilton Nursing Home Pty Ltd [1999] NSWIRComm152 cited Police Officers (Interpretation of Award) Case (1971) 38 SAIR 51 cited Rodgers v Commissioner of Taxation 88 FCR 61 cited Ruby v Marsh (1975) 132 CLR 642 cited Shackley v Australian Croatian Club Ltd (1996) 141 ALR 736 cited Thompson v Hodder (1990) 21 FCR 467 cited Walkley v Dairyvale Co-operative Ltd (1972) 39 SAIR 327 cited Wheatly v Armstrong [1995] NSWIRC 3 cited White v Mrs Murphy's Country Fried Chicken Pty Ltd (1984) AR 794 cited PETER ANTON CHARLES LOGAN v OTIS ELEVATOR COMPANY PTY LIMITED NI 1279 OF 1995 MOORE J 4 APRIL 2001 SYDNEY
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