Hansen v Mt Martha Community Learning Centre Inc (No 2)

FEDERAL COURT OF AUSTRALIA

Hansen v Mt Martha Community Learning Centre Inc (No 2) [2015] FCA 1283

Citation:	Hansen v Mt Martha Community Learning Centre Inc (No 2) [2015] FCA 1283
Parties:	JOCELYN HANSEN v MT MARTHA COMMUNITY LEARNING CENTRE INC and KEVIN MURPHY
File number:	VID 703 of 2014
Judge:	JESSUP J
Date of judgment:	20 November 2015
Catchwords:	INDUSTRIAL LAW – Contravention of workplace agreement – Small not-for-profit enterprise – Appropriate penalties
Legislation:	Fair Work Act 2009 (Cth) s 546 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
Cases cited:	Australian Competition and Consumer Commission v BAJV Pty Ltd [2014] FCAFC 52 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 Hansen v Mt Martha Community Learning Centre Inc [2015] FCA 1099 Kelly v Fitzpatrick [2007] FCA 1080 (2007) 166 IR 14 Printing and Kindred Industries Union v Vista Paper Products Pty Ltd (1994) 127 ALR 673
Date of hearing:	Heard on the papers
Date of last submissions:	30 October 2015
Place:	Melbourne
Division:	FAIR WORK DIVISION
Category:	Catchwords
Number of paragraphs:	14
Counsel for the Applicant:	M Willoughby-Thomas
Solicitor for the Applicant:	M Willoughby-Thomas, Barrister & Solicitor
Counsel for the Respondents:	J R M Tracey
Solicitor for the Respondents:	Lander and Rogers

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
FAIR WORK DIVISION	VID 703 of 2014

BETWEEN:

JOCELYN HANSEN
Applicant

AND:

MT MARTHA COMMUNITY LEARNING CENTRE INC
First Respondent

KEVIN MURPHY
Second Respondent

JUDGE:	JESSUP J
DATE OF ORDER:	20 NOVEMBER 2015
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The first respondent pay a penalty of $5000 in respect of its contravention of item 2(2) of Sch 16 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) constituted by its contravention of cll 26.8.2 and 26.8.3 of the Neighbourhood Houses and Learning Centres Workplace Agreement 2007.

2.The said penalties be paid to the Commonwealth of Australia within 30 days.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
FAIR WORK DIVISION	VID 703 of 2014

BETWEEN:

JOCELYN HANSEN
Applicant

AND:

MT MARTHA COMMUNITY LEARNING CENTRE INC
First Respondent

KEVIN MURPHY
Second Respondent

JUDGE:	JESSUP J
DATE:	20 NOVEMBER 2015
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. On 15 October 2015, I gave judgment in this proceeding – Hansen v Mt Martha Community Learning Centre Inc [2015] FCA 1099 – reserving the question of the penalty to be imposed on the first respondent (“the respondent”) for its contravention of cll 26.8.2 and 26.8.3 of the Neighbourhood Houses and Learning Centres Workplace Agreement 2007. I have now received written submissions from the parties on that question.

2. Rather than lay out the terms of those submissions, I propose to identify what appear to me to be the significant areas of difference exposed by them.

3. The first matter concerns the stage at which the respondent was on notice that it was obliged to pay annual leave loading…