FEDERAL MAGISTRATES COURT OF AUSTRALIA
| LOVEWELL v PEARSON & ANOR | [2011] FMCA 102 |
| INDUSTRIAL LAW – FAIR WORK – Admitted contraventions of Workplace Relations Act 1996 (Cth) – agreed statement of facts – agreed penalties and orders – consideration of appropriate penalties to be imposed. |
| Building and Construction Industry Improvement Act 2005 (Cth), ss.4, 57, 73(1) Fair Work Act 2009 (Cth) Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Workplace Relations Act 1996 (Cth), ss.3, 285C, 285E. 285E(1), 737, 756, 767(1), 767(1)(b), 769(1)(a), 826, Schedule 10, Part 15 Workplace Health and Safety Act 1995 (Qld), ss.90B, 90D, Part 7A |
| CFMEU v Merhis Constructions Pty Ltd [2010] FMCA 751 Mason v Harrington Corporation Pty Ltd [2007] FMCA 7 |
| Applicant: | STEVEN LOVEWELL |
| First Respondent: | KANE PEARSON |
| Second Respondent: | AUSTRALIAN BUILDING CONSTRUCTION EMPLOYEES AND BUILDERS' LABOURERS' FEDERATION (QUEENSLAND BRANCH) UNION OF EMPLOYEES |
| File Number: | BRG 518 of 2010 |
| Judgment of: | Jarrett FM |
| Hearing date: | 2 February 2011 |
| Date of Last Submission: | 2 February 2011 |
| Delivered at: | Brisbane |
| Delivered on: | 25 February 2011 |
REPRESENTATION
| Counsel for the Applicant: | Mr Murdoch |
| Solicitors for the Applicant: | Clayton Utz |
| Counsel for the first Respondent: | Ms Holland |
| Solicitors for the first Respondent: | Quinlan Miller & Treston |
| Counsel for the second Respondent: | Ms Holland |
| Solicitors for the second Respondent: | Quinlan Miller & Treston |
ORDERS
THE COURT DECLARES THAT:
The First Respondent contravened section 767(1) of the Workplace Relations Act 1996 (Cth).
The Second Respondent contravened section 767(1) of the Workplace Relations Act 1996 (Cth).
THE COURT ORDERS THAT:
Pursuant to section 769(1)(a) of the Workplace Relations Act 1996 (Cth), the First Respondent pay a pecuniary penalty in the amount of $4,500.00 in respect of the contravention of section 767(1) of the Workplace Relations Act 1996 (Cth).
Pursuant to section 769(1)(a) of the Workplace Relations Act 1996 (Cth), the Second Respondent pay a pecuniary penalty in the amount of $16,500.00 in respect of the contravention of section 767(1) of the Workplace Relations Act 1996 (Cth).
Pursuant to section 841 of the Workplace Relations Act 1996 (Cth), the penalties referred to in orders 1 and 2 above be paid into the consolidated revenue fund of the Commonwealth of Australia within 30 days of the date of this order.
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- AGLC
- Lovewell v Pearson & Anor [2011] FMCA 102
- Case
- [2011] FMCA 102
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the First and Second Respondents contravened section 767(1) of the Workplace Relations Act 1996 (Cth). This section pertains to the obligation of employers to provide employees with a Fair Work Information Statement. The court had to determine if the respondents failed to comply with this statutory requirement, and if so, what the appropriate penalties should be under section 769(1)(a) of the same Act. Additionally, the court considered the applicability of section 841, which mandates that the penalties be directed to the Commonwealth's consolidated revenue fund.
In its reasoning, the court found that both respondents did indeed contravene section 767(1) of the Workplace Relations Act 1996 (Cth). The evidence demonstrated that neither respondent provided the required Fair Work Information Statement to the Applicant. The court found that such failure to comply with the statutory obligations warranted the imposition of pecuniary penalties. The court set the penalty for the First Respondent at $4,500 and for the Second Respondent at $16,500, reflecting the severity of the contraventions. The court further ordered that these penalties be paid into the consolidated revenue fund of the Commonwealth of Australia within 30 days of the order.
The final orders of the court declared the contraventions by both respondents and imposed pecuniary penalties, which were to be paid into the Commonwealth's revenue fund. This decision underscores the importance of compliance with workplace relations legislation and the consequences of non-compliance.
Orders
Orders of the court
THE COURT DECLARES THAT:
1.
The First Respondent contravened section 767(1) of the Workplace Relations Act 1996 (Cth).
2.
The Second Respondent contravened section 767(1) of the Workplace Relations Act 1996 (Cth).
THE COURT ORDERS THAT:
3.
Pursuant to section 769(1)(a) of the Workplace Relations Act 1996 (Cth), the First Respondent pay a pecuniary penalty in the amount of $4,500.00 in respect of the contravention of section 767(1) of the Workplace Relations Act 1996 (Cth).
4.
Pursuant to section 769(1)(a) of the Workplace Relations Act 1996 (Cth), the Second Respondent pay a pecuniary penalty in the amount of $16,500.00 in respect of the contravention of section 767(1) of the Workplace Relations Act 1996 (Cth).
5.
Pursuant to section 841 of the Workplace Relations Act 1996 (Cth), the penalties referred to in orders 1 and 2 above be paid into the consolidated revenue fund of the Commonwealth of Australia within 30 days of the date of this order.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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