Mantarakis v Transit Systems West Services Pty Ltd - [2020] FCCA 2014

FEDERAL CIRCUIT COURT OF AUSTRALIA

MANTARAKIS v TRANSIT SYSTEMS WEST SERVICES PTY LTD

[2020] FCCA 2014

Catchwords:
INDUSTRIAL LAW – Small claim under the Fair Work Act – interpretation of award – contravention established in relation to an annual leave entitlement.

Legislation:

Fair Work Act 2009 (Cth), ss.545, 548, 566, 570, 716AI.

Federal Circuit Court Rules 2001
State Transit Authority Bus Operations Enterprise (State) Award 2018, cl.17, 27, 30, 66, 67.
Superannuation Guarantee (Administration) Act 2012 (Cth).

Cases cited:

James Cook University v Ridd [2020] FCAFC 123.

Applicant:

GEORGIOS MANTARAKIS

Respondent:

TRANSIT SYSTEMS WEST SERVICES PTY LTD

File Number:

SYG 2209 of 2019

Judgment of:

Judge Altobelli

Hearing date:

24 March 2020

Date of Last Submission:

27 April 2020

Delivered at:

Wollongong

Delivered on:

30 July 2020

REPRESENTATION

The Applicant in person
Solicitors for the Respondent:	Mr Radmilovic of Transit Systems West Services

DECLARATIONS

The Respondent contravened the following:
(a)Clause 67.3 of the State Transit Authority Bus Operations Enterprise (State) Award 2018 by failing to pay the Applicant public holiday pay in the amount of $223.62; and
(b)The Superannuation Guarantee (Administration) Act 2012 (Cth), by failing to pay the Applicant superannuation entitlements in the amount of $21.24.

ORDERS

In accordance with s.545(2) of the Fair Work Act 2009 (Cth), the Respondent pay to the Applicant the following within 28 days of the date of this Order:
(a)The sum of $223.62, being the amount as calculated in Order 1(a) above less any applicable tax;
(b)Superannuation entitlements in the sum of $21.24, such amount to be paid directly into the Applicant’s nominated superannuation fund; and
In accordance with s.570 of the Fair Work Act 2009 (Cth), the Respondent pay to the Applicant the sum of $240, being the filing fee incurred by the Applicant within 28 days.
All outstanding applications be otherwise dismissed and the matter removed from the list of cases awaiting finalisation.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2209 of 2019

GEORGIOS MANTARAKIS

Applicant

And

TRANSIT SYSTEMS WEST SERVICES PTY LTD

Respondent

REASONS FOR JUDGMENT

Introduction

These Reasons for Judgment explain the orders that the Court has made in a dispute between the Applicant and his employer, the Respondent.

Background

The Applicant is a bus operator i.e. a bus driver. He is employed by the Respondent at its Tempe bus depot in Sydney. He commenced working on 1 July 2018 and indeed continues to work with the Respondent as a full time bus driver.
It is common ground that the Applicant was employed pursuant to the provisions of the State Transit Authority Bus Operations Enterprise (State) Award 2018 (hereafter referred to as ‘the Award’). This award is a copied state award for the purposes of s716AI Fair Work Act 2009 (Cth) (hereafter referred to as ‘the Act’). This Court has jurisdiction under s566 of the Act. The claim is brought pursuant to the provisions of s548 of the Act which establishes a small claims procedure. Section 548(3) of the Act states that in small claims proceedings, the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2020] FCCA 2014
Decision Date: 30 July 2020

CaseChat Overview and Summary

Mantarakis (the applicant) brought a small claim against Transit Systems West Services Pty Ltd (the respondent) in the Industrial Relations Commission of New South Wales. The dispute concerned an alleged contravention of the applicant's annual leave entitlement under the relevant award.

The primary legal issue before the Court was the correct interpretation of the annual leave provisions within the applicable award and whether the respondent's actions constituted a contravention of those provisions in relation to the applicant's entitlement.

Judge Altobelli found that the respondent had contravened the award in relation to the applicant's annual leave entitlement. The Court's reasoning focused on the specific wording of the award and its application to the facts presented, determining that the respondent had failed to provide the applicant with the full annual leave to which they were entitled under the award. The Court ordered the respondent to pay the applicant the outstanding amount of annual leave.

Orders