Australian Nursing and Midwifery Federation v Royal Children's Hospital [2017] FCA 59

Australian Nursing and Midwifery Federation v Royal Children's Hospital [2017] FCA 59

'Experience' for the purposes of classification and pay increments under the enterprise agreement includes relevant registered nursing experience acquired interstate; the respondent is obliged to recognise the second applicant's NSW employment when calculating 'Years of Experience.'

Jurisdiction
Australia
Judgment Date
03 February 2017
Procedural Posture
Originating Application / Separate Question; Orders Made; Adjourned for Case Management
Outcome
Answer to the separate question: Yes; proceeding adjourned for case management
Legal Topics
['enterprise Agreement Construction' 'recognition of Nursing Experience' 'pay Rates for Nurses' 'interstate Employment Recognition']
['industrial Law' 'employment Law'] ['enterprise Agreement Construction' 'recognition of Nursing Experience' 'pay Rates for Nurses' 'interstate Employment Recognition']

Case Brief

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Procedural Posture

Originating Application / Separate Question; Orders Made; Adjourned for Case Management

Legal Issues

  1. 1 ["Whether respondent obliged to recognise second applicant's employment as Registered Nurse in NSW as 'Experience' for pay increment under enterprise agreement" "Proper construction of 'Experience' and 'Years of Experience' definitions in the enterprise agreement"]

Ratio Decidendi

'Experience' for the purposes of classification and pay increments under the enterprise agreement includes relevant registered nursing experience acquired interstate; the respondent is obliged to recognise the second applicant's NSW employment when calculating 'Years of Experience.'

Court Disposition

Answer to the separate question: Yes; proceeding adjourned for case management

Orders

  • ["The respondent was obliged to recognise the second applicant's employment as a Registered Nurse at the Royal Hospital for Women in New South Wales as 'Experience' for the purpose of calculating her 'Years of Experience' under the relevant enterprise agreement." 'The proceeding is adjourned to a case management...