Sydney Night Patrol and Inquiry Company Limited t/as SNP Security v Pulleine
Citation: [2014] FCA 385
At a glance
- Employees affected
- 1
What happened
Noel Pulleine, a security officer, worked for Sydney Night Patrol on a fortnightly roster from March 2011. Under the Security Services Industry Award 2010, he claimed he was entitled to long breaks after 48 hours of ordinary time. Sydney Night Patrol disputed that the long break provisions applied to fortnightly roster employees and refused to pay overtime for hours worked beyond 48 hours between breaks.
What was decided
The Court dismissed Sydney Night Patrol's appeal. Justice Katzmann found that clause 21.4(b) of the Award was a 'blanket provision' applying to all employees regardless of roster cycle. The clause required long breaks after 48 hours of ordinary time. Sydney Night Patrol was in breach by failing to provide these breaks and failing to pay overtime rates for hours worked beyond 48 hours.
What it means for employers
Employers cannot exclude certain roster cycles from award long-break entitlements. Award provisions must be interpreted to avoid absurd results where some employees would lack entitlements others possess. Employers must provide specified breaks and pay overtime accordingly.
What it means for employees
Security officers and other workers are entitled to long breaks after 48 hours of ordinary time regardless of their roster cycle. Employers must pay overtime for work done beyond these breaks.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections