Liquor, Hospitality and Miscellaneous Union v Cuddles Management Pty Ltd (No. 2)

The Liquor, Hospitality and Miscellaneous Union, along with its members, brought proceedings against Cuddles Management Pty Ltd in the Federal Magistrates Court, alleging that the respondent had contravened section 792(1) of the Workplace Relations Act 1996 (Cth). The union claimed that the respondent had failed to pay wages and entitlements to the union's members. The matter was heard by his Honour, Deputy President John Cavanough.

The primary legal issue before the court was whether the respondent had indeed contravened section 792(1) of the Act by failing to pay wages and entitlements to the union's members. The court had to determine whether the union had sufficiently proven the allegations against the respondent. The respondent, on the other hand, argued that there were no unpaid wages or entitlements owed to the union's members.

The court found that the union had discharged its onus of proving the contravention on the balance of probabilities. The court was satisfied that the evidence presented by the union was credible and that the respondent had failed to pay wages and entitlements to the union's members. Consequently, the court ordered the respondent to pay a penalty of $29,700 to the union. The penalty was to be paid by the respondent to the union by 4.00pm on 24 August 2009.