FEDERAL COURT OF AUSTRALIA
Triple Zero Victoria v Morton-Pederson [2025] FCA 419
Appeal from: Morton-Pederson & Ors v Emergency Services Telecommunications Authority [2023] VMC 7 File number(s): VID 668 of 2023 Judgment of: MCEVOY J Date of judgment: 30 April 2025 Catchwords: INDUSTRIAL LAW – appeal from Magistrates’ Court of Victoria – where magistrate found that certain employees covered by the Emergency Services Telecommunications Authority Operational Employees Enterprise Agreement 2015 and the Emergency Services Telecommunications Authority Operational Employees Enterprise Agreement 2019 were entitled to be paid a mentoring allowance in accordance with those agreements – where these employees were also paid a workplace trainer increment in accordance with the agreements – whether magistrate erred in construction the agreements – whether employees are entitled to be paid both a mentoring allowance and a workplace trainer increment – appeal allowed – magistrate erred in construction of the agreements – orders of magistrate set aside Legislation: Fair Work Act 2009 (Cth), s 565(1)
Federal Court of Australia Act 1976 (Cth), s 28(1)
Cases cited: Amcor Ltd v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241
Ansett Transport Industries (Operations) Pty Ltd v Wardley (1980) 142 CLR 237
Australian Broadcasting Corporation v Australian Public Sector, Professional and Broadcasting Union (1992) CAR 545
Boensch v Pascoe (2019) 268 CLR 593
Construction Forestry, Mining and Energy Union v Wagstaff Piling Pty Ltd (2012) 203 FCR 371
Dearman v Dearman (1908) 7 CLR 549
Fox v Percy (2003) 214 CLR 118
Health Services Union of Australia v Vision Australia (2000) 98 IR 376
James Cook University v Ridd (2020) 278 FCR 566
King v Melbourne Vicentre Swimming Club Inc (2021) 308 IR 171
Kucks v CSR Limited (1996) 66 IR 182
Minister for Immigration and Border Protection v SZVFW (2019) 264 CLR 541
Morton-Pederson & Ors v Emergency Services Telecommunications Authority [2023] VMC 7
Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355
Shop Distributive and Allied Employees’ Association v Woolworths SA Pty Ltd [2011] FCAFC 67
Division: Fair Work Registry: Victoria National Practice Area: Employment and Industrial Relations Number of paragraphs: 83 Date of hearing: 21 March 2025 Counsel for the Appellant: Chris O’Grady KC and Leigh Howard Solicitor for the Appellant: Lander & Rogers Solicitor for the First and Second Respondents: Dan Dwyer on behalf of the Communications Electrical and Plumbing Union Counsel for the Third Respondent: Eugene White Solicitor for the Third Respondent: Victorian Ambulance Union ORDERS
VID 668 of 2023 BETWEEN: TRIPLE ZERO VICTORIA
Appellant
AND: TRISTAN MORTON-PEDERSON
First Respondent
JASON SMITH
Second Respondent
SYLIVA SCANLAN
Third Respondent
ORDER MADE BY:
MCEVOY J
DATE OF ORDER:
30 APRIL 2025
THE COURT ORDERS THAT:
1.The appeal be allowed.
2.The orders made by the Magistrates’ Court of Victoria at Melbourne on 11 August 2023 in proceedings N10981635, N10981792, and MAG-CI-220031609 be set aside.
3.Proceedings N10981635, N10981792, and MAG-CI-220031609 in the Magistrates’ Court of Victoria…
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- Case
- [2025] FCA 419
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the magistrate had erred in interpreting the enterprise agreements, specifically whether the employees were entitled to both a mentoring allowance and a workplace trainer increment. This involved examining the language of the agreements, the nature of the duties performed by the employees, and the intentions of the parties as expressed in the agreements. The court also had to consider whether the magistrate's interpretation was consistent with the principles of contract law and the context in which the agreements were made.
The court found that the magistrate had erred in the construction of the enterprise agreements. The agreements provided for separate entitlements for workplace training and mentoring duties, and the court held that the magistrate had misconstrued the agreements by not recognising the distinct nature of the duties and entitlements. The court concluded that the workplace training increment was not intended to cover mentoring duties, and that employees who performed both roles were entitled to the separate allowances provided for in the agreements. The appeal was allowed, the magistrate's orders were set aside, and the proceedings in the Magistrates' Court were dismissed.
The final orders of the court were that the appeal be allowed, the orders made by the Magistrates' Court of Victoria on 11 August 2023 in proceedings N10981635, N10981792, and MAG-CI-220031609 be set aside, and those proceedings be dismissed. There was no order as to costs.
Orders
Orders of the court
1. The appeal be allowed.
2. The orders made by the Magistrates’ Court of Victoria at Melbourne on 11 August 2023 in proceedings N10981635, N10981792, and MAG-CI-220031609 be set aside.
3. Proceedings N10981635, N10981792, and MAG-CI-220031609 in the Magistrates’ Court of Victoria be dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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