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[2012] WAIRComm 707
procedural. Declaration made in favour of the applicant's construction of the clause.
1 cited instrument linked from this judgment.
The Western Australian Industrial Relations Commission made a declaration about how to interpret a clause in a doctors' employment agreement. The clause (clause 35(4)) dealt with public holiday pay. The Commission decided that when a doctor is rostered to have a day off on a public holiday and doesn't have to work, they should still be paid for their usual number of daily working hours. This resolved a dispute about what the clause meant.
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DEPARTMENT OF HEALTH MEDICAL PRACTITIONERS (WA COUNTRY HEALTH SERVICE) AMA INDUSTRIAL AGREEMENT 2011
PARTIES AUSTRALIAN MEDICAL ASSOCIATION (WA) INCORPORATED
THE MINISTER FOR HEALTH IN HIS INCORPORATED CAPACITY UNDER S.7 OF THE HOSPITALS AND HEALTH SERVICE ACT 1927 (WA) AS THE WA COUNTRY HEALTH SERVICE
CITATION NO. 2012 WAIRC 00707
Applicant Mr S Ellis of counsel and with him Mr G Bucknall
Respondent Ms T Sweeney and with her Ms S Hancy
HAVING heard Mr S Ellis of counsel and with him Mr G Bucknall on behalf of the applicant and Ms T Sweeney and Ms S Hancy on behalf of the respondent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby declares -
THAT for the purposes of cl 35(4) of the Department of Health Medical Practitioners (WA Country Health Services) AMA Industrial Agreement 2011 a practitioner who is rostered off duty on a public holiday and is not required to work on that day should be paid the number of hours that are their usual daily rostered hours of work.
Declaration made in favour of the applicant's construction of the clause.