FEDERAL CIRCUIT COURT OF AUSTRALIA
| BOYSON v CENTRE COURT CARE PTY LTD & ANOR | [2020] FCCA 229 |
| Catchwords: INDUSTRIAL LAW – FAIR WORK – Underpayments of various types – failure to provide payslips – adverse action for prohibited reasons – constructive dismissal – altering applicant’s position to his prejudice – involvement of director – penalties. |
| Legislation: Corporations Act 2001, ss.109X, 146A Fair Work Act 2009 (Cth), ss.44, 45, 87, 90(2), 116, 323, 324, 340(1), 341(1), 342(1), 360, 361(1), 386(1), 536, 539, 545, 546, 547, 550, 557, 793(1) Federal Circuit Court Rules 2001, r.16.05 |
| Applicant: | CAMERON BOYSON |
| First Respondent: | CENTRE COURT CARE PTY LTD (ACN 161 466 360) |
| Second Respondent: | MARK HASTINGS |
| File number: | MLG 1433 of 2019 |
| Judgment of: | Judge Riley |
| Hearing date: | 11 November 2019 |
| Date of last submission: | 25 November 2019 |
| Delivered at: | Melbourne |
| Delivered on: | 6 February 2020 |
REPRESENTATION
| Counsel for the applicant: | Andrew White |
| Solicitors for the applicant: | WWC Lawyers |
| Counsel for the first respondent: | No appearance |
| Solicitors for the first respondent: | None |
| Counsel for the second respondent: | No appearance |
| Solicitors for the second respondent: | None |
DECLARATIONS
The first respondent contravened s.44 of the Fair Work Act 2009 (“the Act”) by failing to pay the applicant:
(a)for absence from work on a public holiday in contravention of s.116 of the Act; and
(b)the amount in lieu of untaken annual leave in contravention of s.90(2) of the Act.
The first respondent contravened s.45 of the Act by failing:
(a)to pay the applicant at a rate of double time and a half for work completed on public holidays in…
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- Case
- [2020] FCCA 229
- Decision Date
CaseChat Overview and Summary
The court was required to determine the amount of unpaid superannuation and wages owed to Mr Boyson, and whether interest was payable on the superannuation amount. Specifically, the court had to consider the application of section 547 of the Act regarding the inclusion of interest in an order for unpaid amounts, and the provisions of section 323 of the Act concerning the method and frequency of employee payments.
Judge Riley applied section 547 of the Act, which mandates the inclusion of interest on unpaid amounts unless good cause is shown to the contrary. The court determined that it was preferable to apply Federal Court interest rates rather than the Victorian penalty interest rates sought by Mr Boyson. The court calculated the interest on the superannuation at a combined rate of 5.5% and 5.25% per annum for the relevant periods, resulting in an interest amount of $128.52. The court also found that Centre Court had breached section 323 of the Act by failing to pay Mr Boyson his wages in full, calculating the net underpayment to be $2,983.08.
The court ordered Centre Court to pay Mr Boyson's unpaid superannuation of $3,030.57 to his nominated fund, Australian Super, and to pay the calculated interest of $128.52. Additionally, Centre Court was ordered to pay Mr Boyson the net underpayment of wages totalling $2,983.08.
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