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 673Date 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
ApplicantAND: MT MARTHA COMMUNITY LEARNING CENTRE INC
First RespondentKEVIN 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
ApplicantAND: MT MARTHA COMMUNITY LEARNING CENTRE INC
First RespondentKEVIN MURPHY
Second Respondent
JUDGE:
JESSUP J
DATE:
20 NOVEMBER 2015
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
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.
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.
The first matter concerns the stage at which the respondent was on notice that it was obliged to pay annual leave loading…
Keep reading for free
Create a free CaseChat account to read Hansen v Mt Martha Community Learning Centre Inc (No 2) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2015] FCA 1283
- Decision Date
CaseChat Overview and Summary
The central legal issues in the case revolved around whether the Mt Martha Community Learning Centre Inc had indeed contravened clauses 26.8.2 and 26.8.3 of the workplace agreement, and if so, what appropriate penalties should be imposed under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth). Specifically, the court needed to determine whether the penalties imposed were commensurate with the breach and whether the penalty of $5000 was an appropriate response given the nature and impact of the contravention.
The Federal Court found that the Mt Martha Community Learning Centre Inc had indeed contravened the specified clauses of the workplace agreement. The court was satisfied that the contraventions were significant enough to warrant the imposition of penalties. In reaching its decision, the court considered the seriousness of the breach, the impact on the employee, and the need to uphold the integrity of workplace agreements. As a result, the court ordered that the Centre pay a penalty of $5000 to the Commonwealth of Australia within 30 days. This penalty was deemed appropriate given the nature of the contraventions and the need to deter future breaches.
Orders
Orders of the court
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.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.