Tempo Security v Bolton [2007] FCA 2027

Tempo Security v Bolton [2007] FCA 2027

Although the Chief Industrial Magistrate erred by including rostered overtime in the percentage calculation, which amounted to varying the Certified Agreement, the appeal was dismissed because the available timesheets should be accepted in the absence of rosters clearly identifying rostered overtime. Those...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 December 2007
Procedural Posture
Appeal Concerning Alleged Underpayment of Wages Under a Certified Agreement / Appeal From a Decision Ordering the Appellant to Remedy an Underpayment of Wages
Outcome
Appeal dismissed.
Legal Topics
['certified Agreement Interpretation' 'ordinary Hours' 'rostered Overtime' 'wage Underpayment' 'employee Classification Levels']
['employment Law' 'industrial Law'] ['certified Agreement Interpretation' 'ordinary Hours' 'rostered Overtime' 'wage Underpayment' 'employee Classification Levels']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Appeal Concerning Alleged Underpayment of Wages Under a Certified Agreement / Appeal From a Decision Ordering the Appellant to Remedy an Underpayment of Wages

Legal Issues

  1. 1 ["Whether Mr Bolton's ordinary hours included less than 36% day work on week days so that he was entitled to be paid as a Level 3 employee rather than Level 2." 'Whether rostered overtime could be included in the calculation of the percentage of ordinary hours worked as day work on week days.' 'How ordinary hours and rostered overtime should be identified where no roster clearly identifying rostered overtime was in evidence.']

Ratio Decidendi

Although the Chief Industrial Magistrate erred by including rostered overtime in the percentage calculation, which amounted to varying the Certified Agreement, the appeal was dismissed because the available timesheets should be accepted in the absence of rosters clearly identifying rostered overtime. Those timesheets showed that less than 36% of Mr Bolton's rostered ordinary hours were worked on day shift on week days, entitling him to Level 3 payment. A strict application of the Certified Agreement in the absence of contrary evidence would also support the claim.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.']