ECH Incorporated v Pamela Halliday

[2011] HCASL 163

ECH INCORPORATED
v
PAMELA HALLIDAY & ORS
[2011] HCASL 163
A13/2011

1. The applicant seeks special leave to appeal against orders of the Full Court of the Federal Court of Australia (Gray, Mansfield and Besanko JJ) dismissing the applicant's appeal against orders of the Industrial Relations Court of South Australia (Lieschke IM).

2. The applicant employed the respondents as carers of the aged.  The Health Service Employees Award provided for different pay rates according to whether employees who worked permanently on afternoon or night shifts did so "at their own request".  The Industrial Magistrate found that the present respondents worked permanently on afternoon or night shifts but did not do so at their own request.  The decision of the Full Court of the Federal Court was rightly seen by that Court as turning on questions of fact.  No question of principle of general application would fall for consideration if special leave to appeal were to be granted.  The applicant enjoys insufficient prospects of success in disturbing the actual conclusions reached in the courts below to warrant a grant of special leave to appeal.

3. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

K.M. Hayne
6 October 2011 S.M. Crennan