United Voice v Wilson Security Pty Ltd [2019] FCAFC 66

United Voice v Wilson Security Pty Ltd [2019] FCAFC 66

The Award does not restrict allocation of overtime hours before ordinary hours have been worked; overtime means hours in excess of ordinary hours regardless of when they are worked within the roster cycle. Employer discretion to allocate overtime is permitted, and only one loading (either overtime or penalty rate) is payable at a time.

Jurisdiction
Australia
Judgment Date
26 April 2019
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['interpretation of Award Provisions' 'overtime Allocation' 'penalty Rates']
['industrial Law' 'employment Law'] ['interpretation of Award Provisions' 'overtime Allocation' 'penalty Rates']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Security Services Industry Award 2010 restricts allocation of overtime before ordinary hours worked' 'Whether payment for both penalty rates and overtime loading on the same hours is required' 'Whether the employer can allocate overtime to Sundays to avoid paying Sunday penalty rates']

Ratio Decidendi

The Award does not restrict allocation of overtime hours before ordinary hours have been worked; overtime means hours in excess of ordinary hours regardless of when they are worked within the roster cycle. Employer discretion to allocate overtime is permitted, and only one loading (either overtime or penalty rate) is payable at a time.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.']