Jovanovic v Australian Capital Territory as Represented BY the Health Directorate

The applicant, Mr. Jovanovic, brought proceedings against the Australian Capital Territory, represented by the Health Directorate, alleging misfeasance and breach of public office. He also contended that he had not been paid his full entitlements under the relevant Enterprise Agreement and had suffered breaches of the *Fair Work Act 2009* (Cth). The matter was heard by Judge W. J. Neville in the ACT Civil and Administrative Tribunal.

The primary legal issues before the Tribunal were whether the respondent had committed misfeasance or breach of public office, and whether the applicant had been correctly remunerated according to the terms of the Enterprise Agreement and the *Fair Work Act 2009* (Cth). The Tribunal was required to interpret the provisions of the Enterprise Agreement to determine the applicant's entitlements.

Judge Neville found that the applicant's claim for misfeasance and breach of public office was unsustainable and dismissed it. Upon interpreting the Enterprise Agreement, the Tribunal concluded that the applicant had misinterpreted its terms and that he had, in fact, been paid all entitlements due to him under the agreement. Consequently, the application was dismissed. No order was made as to costs.