Martin v W and K Crust Pty Ltd - [2007] FMCA 992

FEDERAL MAGISTRATES COURT OF AUSTRALIA

MARTIN v W & K CRUST PTY LTD

[2007] FMCA 992

INDUSTRIAL LAW – Prosecution of civil penalty – breach of award.

Workplace Relations Act 1996 (Cth), ss.717, 718, 719, 841, Schedule 8

Mason v Harrington Corporation Pty Ltd [2007] FMCA 7
Flattery v The Italian Eatery t/as Zeffirelli's Pizza Restaurant [2007] FMCA 9

Applicant:

SHELBY MARTIN

Respondent:

W & K CRUST PTY LTD (ACN 069 720 181)

File Number:

BRG 198 of 2007

Judgment of:

Jarrett FM

Hearing date:

25 June 2007

Date of Last Submission:

25 June 2007

Delivered at:

Brisbane

Delivered on:

26 June 2007

REPRESENTATION

Counsel for the Applicant:

Mr Horneman-Wren

Solicitors for the Applicant:

Corrs Chambers Westgarth

Solicitors for the Respondent:

No appearance

ORDERS

That the respondent pay the Commonwealth $8,250 for the breach of an applicable provision of the notional agreement preserving a State award between the respondent and Mr Ross Greer relating to the provision of notice of termination or payment in lieu of notice of termination;
That the respondent pay the Commonwealth $8,250 for the breach of an applicable provision of the notional agreement preserving a State award between the respondent and Mr Ross Greer and breach of the Australian Fair Pay and Conditions Standard relating to annual leave entitlements;
That the respondent pay the penalties set out in orders 1 and 2 hereof within 60 days of the date of these orders;
That within 60 days of the date of these orders the respondent pay to Mr Ross Greer his outstanding entitlements totalling $6,725.46;
That within 60 days of the date of these orders the respondent pay to Mr Ross Greer interest upon his outstanding entitlements at the rate of 6.5% per annum from 19 May, 2006 to the date of these orders, such interest totalling $482.66.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
BRISBANE

BRG 198 of 2007

SHELBY MARTIN

Applicant

And

W & K CRUST PTY LTD (ACN 069 720 181)

Respondent

REASONS FOR JUDGMENT

This is an application for:
a)an order for the imposition of a penalty on the respondent pursuant to s.719(1) of the Workplace Relations Act1996 ("the Act") in respect of a breach of an “applicable provision” in a Notional Agreement Preserving a State Award (NAPSA) relating to the provision of notice of termination or payment in lieu of notice of termination;
b)an order pursuant to s.719(6) of the Act for the respondent to pay to its former employee, Mr Ross Greer, $3,544.00 being the amount that the respondent has underpaid Mr Greer as a consequence of the respondent’s breach;
c)an order for the imposition of a penalty on the respondent pursuant to s.719(1) of the Act in respect of a breach of an “applicable provision” relating to annual leave pursuant to either:
i)the relevant NAPSA; or alternatively; or
ii)the relevant NAPSA and s.235(2) of the Act;
d)an order pursuant to s.719(6) of the Act for the respondent to pay to Mr Greer the full amount of the underpayment with respect…

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: [2007] FMCA 992
Decision Date: 26 June 2007

CaseChat Overview and Summary

In the case of Martin v W and K Crust Pty Ltd, the respondent was found to have contravened employment laws by not providing proper notice of termination and failing to pay annual leave entitlements to Mr Ross Greer. The matter was brought before the court by the Commonwealth, who sought damages for the breaches of employment agreements and the Australian Fair Pay and Conditions Standard. The court was tasked with determining the extent of the respondent's liability for these breaches and the appropriate remedies for Mr Greer.

The court identified that the respondent had failed to adhere to the statutory requirements regarding the provision of notice of termination and annual leave entitlements, as stipulated in the applicable notional agreement preserving a State award and the Australian Fair Pay and Conditions Standard. The court assessed the financial implications of these breaches and determined the amount of compensation owed to Mr Greer and the Commonwealth. The court found that the respondent was liable to pay $8,250 to the Commonwealth for each of the two breaches and an additional sum to Mr Greer for his outstanding entitlements and interest.

The court ordered that the respondent pay the specified amounts within 60 days of the date of the orders. The respondent was required to pay the Commonwealth $8,250 for each of the breaches, totaling $16,500. Additionally, the respondent was to pay Mr Greer his outstanding entitlements of $6,725.46, along with interest of $482.66. These payments were to be made promptly to ensure compliance with the court's directives.

In conclusion, the court's decision in Martin v W and K Crust Pty Ltd highlights the importance of adhering to employment laws and the consequences of failing to do so. The respondent's breaches of employment agreements resulted in significant financial penalties and obligations to both the Commonwealth and Mr Greer. The court's orders ensure that the respondent addresses the breaches and compensates the affected parties accordingly.

Orders

Orders of the court

That the respondent pay the Commonwealth $8,250 for the breach of an applicable provision of the notional agreement preserving a State award between the respondent and Mr Ross Greer relating to the provision of notice of termination or payment in lieu of notice of termination;

That the respondent pay the Commonwealth $8,250 for the breach of an applicable provision of the notional agreement preserving a State award between the respondent and Mr Ross Greer and breach of the Australian Fair Pay and Conditions Standard relating to annual leave entitlements;

That the respondent pay the penalties set out in orders 1 and 2 hereof within 60 days of the date of these orders;

That within 60 days of the date of these orders the respondent pay to Mr Ross Greer his outstanding entitlements totalling $6,725.46;

That within 60 days of the date of these orders the respondent pay to Mr Ross Greer interest upon his outstanding entitlements at the rate of 6.5% per annum from 19 May, 2006 to the date of these orders, such interest totalling $482.66.

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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