Tempo Services Ltd v Robinson

The Full Court of the Industrial Relations Court was tasked with resolving a dispute between Tempo Services Ltd and two of its employees, Mr Robinson and Mr Kaeding. The crux of the issue lay in the interpretation of an industrial award clause that stipulated additional payments for employees required to work permanently on afternoon or night shifts. The dispute centred on whether the respondents were entitled to higher additional payments, as they were allocated to permanent night shifts without explicit requests on their part.

The legal issues before the court encompassed the meaning of the phrase "employees required to work permanently" and the requirement for such work to be "at their own request." The respondents contended that they were entitled to higher additional payments because they were required to work permanently on night shifts without their explicit request. The appellant, on the other hand, argued that the employees' acceptance of night shifts upon their applications for employment constituted a sufficient request, thereby entitling them to lesser additional payments.

The Full Court, after reviewing the evidence and arguments, concluded that the phrase "employees required to work permanently" did not necessitate resistance by the employee or an imposition against their will. Instead, it meant that employees who were assigned to permanent shifts, irrespective of their explicit requests, were entitled to higher additional payments. The court found that the words "at their own request" required a specific and identifiable solicitation by the employee, which was not present in this case. Consequently, the Full Court ruled that the respondents were entitled to the higher additional payments as they were required to work permanently on night shifts without their explicit requests.

The Full Court dismissed the appeal, affirming the decision of the Industrial Magistrate that the respondents were entitled to the higher additional payments for working permanently on night shifts.