Swissport Australia Pty Ltd v Australian Municipal Administrative Clerical and Services Union (No 3)
Citation: [2019] FCA 37
At a glance
- Awards cited
- MA000018
What happened
Aerocare Flight Support engaged part-time ground staff (Permanent Secure Employees) at 24 Australian airports who worked split-shifts—two separate paid periods on the same day separated by unpaid time. The unions (AMACSU and TWU) argued the Airline Operations Ground Staff Award 2010 prohibited split-shift work. Aerocare sought court declarations that split-shifts were permitted and that employees were not entitled to overtime rates or recall penalties for the second shift period.
What was decided
The Federal Court dismissed Aerocare's application for declarations. The court found the Award required that employees' ordinary hours be worked continuously, not in split segments. The clause stating 'ordinary hours may be worked in a span' did not authorize discontinuous split-shifts. Employees working split-shifts were entitled to overtime rates for the second shift period if it exceeded ordinary hours worked continuously on any day. The court's interpretation aligned with the Fair Work Commission's prior findings.
What it means for employers
Modern awards must be interpreted carefully regarding rostering arrangements. Split-shifts (two separate paid periods per day) may be prohibited by awards requiring continuous work unless the award explicitly permits them. Employers cannot rely on general span-of-hours clauses to authorize discontinuous rostering. Award compliance should be verified before implementing split-shift arrangements with part-time employees.
What it means for employees
Part-time employees should check whether split-shift arrangements comply with their award. If the award requires continuous work, split-shifts may not be permitted even if voluntary. Employees may be entitled to overtime rates or recall penalties for split-shift work depending on how many ordinary hours fall in each segment. Award interpretation disputes may require Federal Court determination.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2019/2019fca0037Want more cases like this?
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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 →