The Fair Work division of the Federal Court has recently handed
down an important ruling on how overtime may be authorised by
employers.
In
Australian Salaried Medical Officers' Federation v Peninsula
Health [2023] FCA 939, a class action, the court has determined
that employees who worked regular and extensive overtime without
obtaining formal permission did so with "implied'
authorisation from their employer.
Proceedings for unpaid overtime were brought by a group of
junior doctors, against their employer Peninsula Health – a
metropolitan public health service in Victoria. The group members
alleged that they were not paid their entitlements for overtime
worked, even though it was not formally authorised by the employer,
and despite the fact they had previously signed timesheets that did
not include the extra hours worked. It was contended that this
overtime work was performed with the authority of Peninsula Health,
and as such the doctors were entitled to
