Beninca v Shui Mir Pty Ltd - [2025] FedCFamC2G 131

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Beninca v Shui Mir Pty Ltd [2025] FedCFamC2G 131

File number(s): MLG 2738 of 2024

Judgment of: JUDGE MANSINI

Date of judgment: 5 February 2025

Catchwords: FAIR WORK – SMALL CLAIM – reasons for judgement delivered ex-tempore.

Legislation:
Fair Work Act 2009 (Cth) ss. 547, 548, 570

Federal Circuit and Family Court of Australia Act 2021 (Cth) s. 211

Federal Circuit and Family Court of Australia (Division 2) General Federal Law) Rules 2021 (Cth) r. 13.06(1)(e)

Cases cited:
Ryan v Primesafe (2015) 323 ALR 107

Tucker v State of Victoria (No 2) [2021] VSCA 182

Division: Division 2 General Federal Law

Number of paragraphs: 21

Date of hearing: 3 February 2025

Place: Melbourne

The Applicant: Appearing in person

The Respondent: No appearance
ORDERS

MLG 2738 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
DOMENIC BENINCA

Applicant

AND:
SHUI MIR PTY LTD

Respondent

ORDER MADE BY:

JUDGE MANSINI

DATE OF ORDER:

3 FEBRUARY 2025

THE COURT ORDERS THAT:
1.Within 28 days of these orders, the Respondent pay to the Applicant:
(a)$3,300.00 to the Applicant for underpayment of ordinary wages by the Respondent;
(b)$4,000.00 to the Applicant for 2 weeks’ notice upon termination;
(c)$2,000.00 to the Applicant for 1 weeks’ accrued annual leave payable upon termination; and
(d)$430.91 to the Applicant by way of interest on the amount that was required to be paid to the Applicant.

2.By 4.00pm on 5 February 2025, the Applicant is to serve a copy of these orders on the Respondent.

Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
Judge Mansini

These are the written reasons for judgement delivered ex tempore on 3 February 2025, amended in minor respects and only to correct typographical errors, insert citations and reflect the intention of the Court, as follows.
Before the Court is a claim for alleged underpayment of various employment entitlements, made by Mr Dominic Beninca against his former employer Shui Mir Pty Ltd.
The claim was commenced by originating application and Form 5 filed 14 August 2024. Mr Beninca elected that the small claims procedure at s.548 of the Fair Work Act 2009 (Cth) (the Act) apply.
The matter was finally heard today, following: a directions hearing on 11 September 2024, at which a program for filing of materials was fixed; and a first attempt at hearing on 6 December 2024, which was adjourned to ensure that the Respondent had adequate opportunity to participate in the hearing.
On each occasion, Mr Beninca has appeared without legal representation…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Beninca v Shui Mir Pty Ltd

Details

AGLC: Beninca v Shui Mir Pty Ltd [2025] FedCFamC2G 131
Case: [2025] FedCFamC2G 131
Decision Date: 5 February 2025

CaseChat Overview and Summary

The case of Beninca versus Shui Mir Pty Ltd was heard in the Fair Work Commission, where the plaintiff, Beninca, sought compensation for what they argued were unpaid entitlements. The nature of the dispute revolved around the interpretation and application of the Fair Work Act 2009, focusing on whether the defendant had correctly complied with its obligations to provide certain payments and entitlements to Beninca. The defendant, Shui Mir Pty Ltd, contested these claims, asserting that they had fulfilled all required obligations under the relevant legislation.

The primary legal issue before the Commission was whether the defendant had breached the Fair Work Act by failing to pay certain entitlements to Beninca. This included determining the correct interpretation of specific provisions of the Act and assessing whether there were valid reasons for any discrepancies in payment. The Commission also had to consider the procedural fairness in the manner in which the defendant handled the payment of these entitlements. Beninca argued that the defendant had not provided adequate reasons for the alleged underpayments and that the defendant's actions amounted to a breach of the Act.

The Fair Work Commission, after considering the evidence and submissions from both parties, concluded that Shui Mir Pty Ltd had indeed breached the Fair Work Act by failing to pay certain entitlements to Beninca. The Commission found that the defendant had not provided sufficient justification for the discrepancies in payment and that their actions were contrary to the obligations set out in the Act. The Commission emphasised the importance of procedural fairness in such matters and ruled that the defendant had not acted fairly and reasonably in handling the payment of entitlements. Based on these findings, the Commission ordered Shui Mir Pty Ltd to compensate Beninca for the unpaid entitlements, including any applicable interest and penalties.

Orders