Lacson v Australian Postal Corporation [2019] FCA 51

Lacson v Australian Postal Corporation [2019] FCA 51

Section 52(2) of the Fair Work Act 2009 (Cth) operates to apply enterprise agreements to an employee only in relation to each 'particular employment,' meaning each distinct job or position held with the employer is treated separately for the purposes of the agreement. Accordingly, the appellant's entitlements under the agreements are not to be aggregated across his two different roles, and the Federal Circuit Court did not err in so concluding.

Parties
Appellant: Robert Lacson; Respondent: Australian Postal Corporation
Jurisdiction
Australia
Judgment Date
01 February 2019
Procedural Posture
Appeal / Judgment on Appeal From Federal Circuit Court
Outcome
Appeal dismissed
Legal Topics
Enterprise Agreements, Overtime Entitlements, Multiple Employment Contracts, Fair Work Act 2009 (cth) Interpretation
Industrial Law Employment Law Enterprise Agreements Overtime Entitlements Multiple Employment Contracts Fair Work Act 2009 (cth) Interpretation

Case Brief

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Parties

Robert Lacson

Appellant

Australian Postal Corporation

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Federal Circuit Court

Legal Issues

  1. 1 Whether two distinct jobs held by the appellant with the same employer constitute one 'particular employment' for the purposes of s 52(2) of the Fair Work Act 2009 (Cth) and relevant enterprise agreements.
  2. 2 Whether entitlements such as overtime, rest relief, and meal allowances should be aggregated across both jobs.
  3. 3 Whether the arrangement permitted contracting out of enterprise agreements contrary to established principles.

Ratio Decidendi

Section 52(2) of the Fair Work Act 2009 (Cth) operates to apply enterprise agreements to an employee only in relation to each 'particular employment,' meaning each distinct job or position held with the employer is treated separately for the purposes of the agreement. Accordingly, the appellant's entitlements under the agreements are not to be aggregated across his two different roles, and the Federal Circuit Court did not err in so concluding.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • No orders as to costs.