Glynn v Napoleon Hair and Beauty Pty Ltd

The case of Glynn v Napoleon Hair and Beauty Pty Ltd involved the Applicant, seeking relief against the Respondent for alleged contraventions of employment law. The Applicant brought the claim before the Fair Work Commission, asserting that the Respondent breached the Fair Work Act 2009 and the Hair and Beauty Industry Award 2010. The Applicant claimed that the Respondent failed to comply with the terms of the Award by underpaying wages. The Fair Work Commission was required to determine whether the Respondent had indeed contravened the statutory and award provisions, and if so, what remedies should be granted to the Applicant.

The legal issues before the Commission included whether the Respondent had failed to pay the Applicant the correct wage rates as stipulated by the Award and whether the Respondent was liable for any underpayments. The Commission needed to interpret the relevant sections of the Fair Work Act and the Award to ascertain the applicable wage rates and conditions. Furthermore, the Commission had to consider the burden of proof and the appropriate remedies under section 545(2)(b) of the Fair Work Act.

The Commission found that the Respondent had contravened the Fair Work Act and the Award by underpaying the Applicant. The Commission detailed that the Respondent failed to pay the correct wage rates as per the Award. The Commission held that the Applicant had sufficiently demonstrated the underpayments, and the burden of proof had been met. Consequently, the Commission ordered the Respondent to pay the Applicant the sum of $866.60, less tax, within 30 days of the date of the order. The Commission also noted that the Applicant must serve the Respondent with a copy of these orders within 14 days.