NSW Nurses' Association v SOS Nursing and Home Care Service Pty Ltd

The case of NSW Nurses' Association v SOS Nursing and Home Care Service Pty Ltd concerns the entitlement of nurses employed by the respondent company to be compensated for the time spent travelling between clients' homes. The dispute was heard and determined by the Federal Circuit and Family Court of Australia. The NSW Nurses' Association sought a declaration that nurses employed by the respondent were entitled to be paid for the time spent travelling between clients, arguing that such travel time should be considered as time spent working. The legal issues before the court involved the interpretation of the Notional Agreement Preserving a State Award (NAPSA), specifically whether travel time between clients constituted working time under the agreement.

The court held that the NAPSA, which governed the employment of the nurses, did not explicitly address travel time compensation. However, the court found that the agreement contemplated consecutive work, and travel between clients was integral to the nurses' duties. The court rejected the respondent's argument that the declaration should not be made because it might apply to nurses working in rural areas, where travel times might be longer. The court determined that the absence of evidence about rural travel times did not impact the construction of the agreement. Furthermore, the court found that the dispute resolution clause in the NAPSA was void to the extent that it conflicted with the model dispute resolution process under the Workplace Relations Act, which preserved the right to access the courts.

The court granted the declaration sought by the NSW Nurses' Association, stating that nurses employed under the NAPSA were considered to be on duty and working during travel time between clients' residences. This decision affirmed that such travel time should be compensated as working time under the terms of the NAPSA. The court's reasoning focused on the practicalities of the nurses' duties and the lack of clarity in the agreement that would support withholding compensation for travel time.