Metro Tasmania Pty Ltd v Scatchard [2022] FCA 1223

Metro Tasmania Pty Ltd v Scatchard [2022] FCA 1223

The appeal succeeded because the Agreements allow for rosters to be comprised of more than one document, and working on a Saturday in the circumstances did not engage clause 21.9 for double time as it was not a canceled rostered day off; the respondent voluntarily chose to work on Saturdays, which is not depriving him of a rostered day off.

Jurisdiction
Australia
Judgment Date
14 October 2022
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
['industrial Law' 'fair Work Act' 'enterprise Agreement Interpretation' 'underpayment Claims']
['employment and Industrial Relations'] ['industrial Law' 'fair Work Act' 'enterprise Agreement Interpretation' 'underpayment Claims']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the primary judge erred in reasoning that a roster could not be comprised of two documents' "Whether double time under clause 21.9 of the Enterprise Agreements applied to the respondent's Saturday work" "Correct interpretation of 'rostered day off' and 'DOC' under the Enterprise Agreements"]

Ratio Decidendi

The appeal succeeded because the Agreements allow for rosters to be comprised of more than one document, and working on a Saturday in the circumstances did not engage clause 21.9 for double time as it was not a canceled rostered day off; the respondent voluntarily chose to work on Saturdays, which is not depriving him of a rostered day off.

Court Disposition

Appeal allowed

Orders

  • ['The appeal is allowed.' 'The orders made in the Federal Circuit and Family Court of Australia (Division 2) on 7 February 2022 are set aside.' "The respondent's application filed on 28 July 2021 in the Federal Circuit Court of Australia is dismissed."]