Australian Nursing Federation v St Francis Xavier Cabrini Hospital Governing Board Inc [2006] FCA 124

Australian Nursing Federation v St Francis Xavier Cabrini Hospital Governing Board Inc [2006] FCA 124

Sub-clause 24.4 should be construed literally because that construction reflected the status quo and the obvious intention of the award maker, which was to correct the anomaly that non-Monday to Friday nurses working on Christmas Day, Boxing Day or New Year's Day when those days fell on weekends did not receive public holiday rates, not to expand the number of public holidays in the Christmas-New Year period. Because 27 December, 28 December and 3 January were days set out in sub-cl 24.2, they were not additional holidays under sub-cl 24.4, and the affected non-Monday to Friday nurses were not entitled to public holiday rates for work on those days.

Jurisdiction
Australia
Judgment Date
24 February 2006
Procedural Posture
Industrial Law Award Interpretation Application / Judgment
Outcome
The application was dismissed.
Legal Topics
['award Interpretation' 'public Holiday Rates' 'admissibility of Documents and Transcript Evidencing Intent of Award Maker' 'nurses (victorian Health Services) Award 2000 Cl 24' 'public Holidays Act 1993 (vic) Ss 7, 8']
['industrial Law' 'evidence'] ['award Interpretation' 'public Holiday Rates' 'admissibility of Documents and Transcript Evidencing Intent of Award Maker' 'nurses (victorian Health Services) Award 2000 Cl 24' 'public Holidays Act 1993 (vic) Ss 7, 8']

Case Brief

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Procedural Posture

Industrial Law Award Interpretation Application / Judgment

Legal Issues

  1. 1 ['Whether nurses employed in services operating other than only Monday to Friday were entitled under cl 24 of the Nurses (Victorian Health Services) Award 2000 to public holiday rates for work performed on Monday 27 December 2004, Tuesday 28 December 2004 and Monday 3 January 2005.' 'Whether sub-cl 24.4 should be construed literally or distributively in light of sub-cll 24.1, 24.2 and 24.3 and the intention of the award maker.' 'Whether documents and transcript concerning the making of cl 24 could be considered to identify the obvious intention of the award maker.']

Ratio Decidendi

Sub-clause 24.4 should be construed literally because that construction reflected the status quo and the obvious intention of the award maker, which was to correct the anomaly that non-Monday to Friday nurses working on Christmas Day, Boxing Day or New Year's Day when those days fell on weekends did not receive public holiday rates, not to expand the number of public holidays in the Christmas-New Year period. Because 27 December, 28 December and 3 January were days set out in sub-cl 24.2, they were not additional holidays under sub-cl 24.4, and the affected non-Monday to Friday nurses were not entitled to public holiday rates for work on those days.

Court Disposition

The application was dismissed.

Orders

  • ['The application is dismissed.']