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austlii:qld/QIC/2004/39
appellant. Order that Manufacturers Equity Pty Ltd forthwith pay to Susan Jayne Hobbins the sum of $2,096.06
The Industrial Court of Queensland ordered an employer to pay over $2,000 in unpaid wages after finding that a casual employee's Saturday work constituted overtime under the Child Care Industry Award. The employer had argued that the overtime provisions only applied to full-time employees, but the Court rejected this, noting that the Award's definition of casual employment said nothing about excluding overtime provisions. The Court also held that because the Award contained specific provisions about working hours, a general provision in the Industrial Relations Act did not apply.
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1 cited instrument linked from this judgment.
Industrial Relations Act 1999 - s. 341(2) - appeal against decision of industrial magistrate
Neville Paul Henri Palk AND Manufacturers Equity Pty Ltd (No. 2) (No. C103 of 2003)
On 16 March 2004, by a decision now reported at [2004] QIC 15; 175 QGIG 1087, I set aside a decision of an Industrial Magistrate dismissing an application about unpaid wages. By consent, to avoid the costs associated with remitting the matter, submissions on the quantum of outstanding wages (based on the record) were taken in writing. The only issue between the parties is about whether hours worked on Saturday are to be treated as overtime. In my view it follows from the express terms of clauses 6.1.1(b) and 6.2.1 of the Child Care Industry Award - State, that time worked on Saturday is to be paid as overtime. These clauses provide as follows (emphasis added):
"(b) Except as hereinafter provided, such ordinary working hours shall be worked between 6.00 a.m. and 7.00 p.m. on Monday to Friday inclusive and shall not exceed 8 ordinary hours per day.
6.2.1 Except as hereinafter provided, all time required to be worked outside or in excess of the ordinary hours of work prescribed by this Award, or outside of an employee's usual commencing and ceasing times, shall be deemed to be overtime and shall be paid for at the rate of time and a half for the first 3 hours and double time thereafter.".
The submission that the provisions above have no application to casual employees and apply only to full-time employees finds no support in the Award. The definition of casual employment for the purpose of the Award (S.L.2.3) does not purport to say anything about hours of work. Because the Award is an industrial instrument which "otherwise provides", s. 9 of the Industrial Relations Act 1999 has no application.
I order that Manufacturers Equity Pty Ltd forthwith pay to Susan Jayne Hobbins the sum of $2,096.06.
Mr C. J. Murdoch, instructed by Crown Law for the Appellant.
Mr. G. Seaholme, directly instructed for the Respondent.
Palk
Manufacturers Equity Pty Ltd [2004] QIC 39; 176 QGIG 103
Order that Manufacturers Equity Pty Ltd forthwith pay to Susan Jayne Hobbins the sum of $2,096.06