FEDERAL MAGISTRATES COURT OF AUSTRALIA
MASON v HARRINGTON CORPORATION PTY LTD [2007] FMCA 7
INDUSTRIAL LAW – Pecuniary penalties – breaches of award – underpayment of employees – agreed statement of facts – breaches admitted – same course of conduct – totality principle – factors going to penalty – pecuniary penalties imposed – application of penalty – payment of outstanding wages – interest on outstanding wages.
Workplace Relations Act 1996 (Cth) ss. 717, 719, 722, 824, 841
Liquor and Allied Industries Catering, Café, Restaurant, Etc. (Australian Capital Territory) Award 1995 clauses 18, 19, 28, 29.1.1, 29.2.1, 34.6, 34.13
Applicant: GREGORY JAMES MASON
Respondent: HARRINGTON CORPORATION PTY LTD T/AS PANGAEA RESTAURANT & BAR File Number: CAG16 of 2006
Judgment of: Mowbray FM
Hearing dates: 10, 11 July 2006
Delivered at: Canberra
Delivered on: 16 January 2007 REPRESENTATION
Counsel for the Applicant: Mr C O'Grady
Solicitors for the Applicant: Australian Government Solicitor
Counsel for the Respondent: Mr J Korn ORDERS
(1)The respondent pay the Commonwealth the following penalties for breaches of the Liquor and Allied Industries Catering, Café, Restaurant, Etc. (Australian Capital Territory) Award 1995 between August and October 2005:
(a)$16,500 for the breach of clause 19 of the Award
(b)$20,000 for the breach of clause 28 of the Award
(c)$6,500 for the breach of clause 29.2.1 of the Award
(d)$7,500 for the breach of clause 29.1.1 of the Award
(e)$6,000 for the breach of clause 34.6 of the Award
(f)no penalty for the breach of clause 34.13 of the Award
(g)$7,500 for the breach of clause 18 of the Award.
(2)Payment of the penalties in order 1 be made within 60 days.
(3)The respondent pay Mr Sorrosa the outstanding underpayment of $1,074.50 by 31 January 2007.
(4)The respondent pay Ms Cabisidan the outstanding underpayment of $2,741.83 by 31 January 2007.
(5)The respondent pay interest on each sum referred to in Orders 3 and 4 at the rate of 6.5 per cent per…
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- Case
- [2007] FMCA 7
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