Javor v ACN 096 712 337 Pty Ltd formerly known as Formtec Group Pty Ltd (No 2)

The plaintiff in this case, Javor, sought a declaration and interest in respect of unpaid wages, under section 151M of the Workers' Compensation Act 1987, against the defendant, ACN 096 712 337 Pty Ltd. The dispute arose from a decision of the Magistrates' Court of Victoria, which had awarded the plaintiff unpaid wages, and the plaintiff's subsequent application for interest under the Act. The matter was heard in the Supreme Court of Victoria. The court was required to determine whether the plaintiff's claim for interest pursuant to section 151M of the Workers' Compensation Act 1987 was valid, and if so, whether the interest should be awarded.

The court examined the language of section 151M and the relevant legislative history. It found that the section did not provide for interest to be awarded in cases where an employer had failed to pay wages, and that the provision was limited to cases where a worker had been underpaid workers' compensation. The court also considered the purpose of the provision, which was to compensate workers for the loss of the use of money that they were entitled to receive. The court held that the provision did not apply to the facts of the case, and that the plaintiff was not entitled to interest. The court further held that the plaintiff was to pay the defendant's costs of the refused application, and that the written submissions and supporting materials were to remain with the court file pending further orders.

The orders of the court were that the plaintiff's application for interest was refused, that the plaintiff was to pay the defendant's costs of the refused application, and that the written submissions and supporting materials were to remain with the court file pending further orders made either by this Court, or the Court of Appeal. The court's decision provides clarity on the scope of section 151M of the Workers' Compensation Act 1987, and the circumstances in which interest may be awarded under the provision. It is a useful decision for practitioners dealing with workers' compensation matters in Victoria.