Notification pursuant to s130 by the Health and Research Employees Association of New South Wales (now Health Services Union) of a dispute with the Northern Rivers Health Service re payment to part-time employees at Tweed Heads District Hospital [2004] NSWIRComm 10

Industrial Relations Commission of New South Wales

CITATION : Notification pursuant to s130 by the Health and Research Employees Association of New South Wales (now Health Services Union) of a dispute with the Northern Rivers Health Service re payment to part-time employees at Tweed Heads District Hospital [2004] NSWIRComm 10 PARTIES : Health and Research Employees Association of New South Wales (now Health Services Union) and Northern Rivers Health Service and the Health Administration Corporation as intervenor FILE NUMBER: 2841 of 2000 CORAM: Staunton J CATCHWORDS : Award interpretation - interpretation and consequential calculation of the hourly rate of pay for part-time employees under relevant Awards relating to shift work and overtime payments - principles relevant to determining true construction of the provisions of an award - history of the relevant Awards - held 15% loading, once incorporated, is an integral component of the ordinary rate for the part-time employees affected - becomes adjusted ordinary hourly rate - that rate used as rate for calculating shift penalty and overtime payments - statement of interpretation issued. LEGISLATION CITED : Industrial Relations Act 1996 Geo. A. Bond and Company Ltd (In Liq) v McKenzie (1929) AR (NSW) 498 Bryce v Apperley (1998) 82 IR 448 Kingmill Australia Pty Ltd t/a Thrifty Car Rental v Federated Clerks Union of Australia, NSW Branch (2001) 106 IR 217 Norwest Beef Industries Ltd v Australian Meat Industry Employees Union of Workers (WA Branch) (1984) 12 IR 314 Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (Cth) (1981) 147 CLR 297 State Rail Authority Firefighters Award 2001 (2002) NSWIRComm 159 CASES CITED : Re Hospital Employees Administrative and Clerical (State) Award (1982) 2 IR 123