Muehlebach v Sidebottom
[2025] FedCFamC2G 1443
•5 September 2025
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Muehlebach v Sidebottom [2025] FedCFamC2G 1443
File number(s): MLG 2164 of 2024 Judgment of: JUDGE BINGHAM Date of judgment: 5 September 2025 Catchwords: INDUSTRIAL LAW – review of a decision of a Registrar – hearing de novo – small claims jurisdiction – underpayment claim – casual cleaner over a six year period – agreed rates of pay and award rates of pay – calculation of underpayment – identification of the employer – jurisdiction not invoked – orders set aside Legislation: Fair Work Act 2009 (Cth) ss 45, 256(1), 545, 548, 557A and 557C
Federal Circuit and Family Court of Australia Act 2021 (Cth) s 190 and 256(1)
Superannuation Guarantee (Administration) Act 1992 (Cth) s 16
Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) rr 1.04, 21,02, 21.10, 30.10(3) and 30.12
Cases cited: Ejueyitsi v Commissioner of Police (Western Australia) [2013] FMCA 120
Newman & Tate [2020] FamCA 1114
Noble Earth Technologies Pty Ltd v Hampic Pty Ltd trading as Cyndan Chemicals [2012] NSWSC 935
Walker v State of Victoria [2012] FCAFC 38, [81]; McShane v Image Bollards Pty Ltd [2011] FMCA 215
Zoological Board of Victoria v Australian Liquor, Hospitality & Miscellaneous Workers Union (1993) 49 IR 41
Division: Division 2 General Federal Law Number of paragraphs: 61 Date of last submission/s: 3 July 2025 Date of hearing: 3 July 2025 Place: Melbourne (by videoconference) The Applicant: Appeared in person The Respondent: Appeared in person ORDERS
MLG 2164 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: RON MUEHLEBACH
Applicant
AND: ESMOND SIDEBOTTOM
Respondent
ORDER MADE BY:
JUDGE BINGHAM
DATE OF ORDER:
5 SEPTEMBER 2025
THE COURT ORDERS THAT:
1.The Orders of Registrar Donovan dated 17 March 2025 be set aside.
2.The Application in a Proceeding filed 16 April 2025 and the Application filed 2 July 2024 be dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 24.04(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth)), or to record a variation to the order pursuant to r 24.04 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).
REASONS FOR JUDGMENT
JUDGE BINGHAM
The Applicant Mr Ron Muehlebach seeks a review of a decision of a Judicial Registrar of this Court pursuant to s 256(1) of the Federal Circuit and Family Court of Australia Act 2021 (Cth) (the FCFCOA Act). The substantive application was made in the Court’s small claims jurisdiction under the Fair Work Act 2009 (Cth) (the FW Act).
Mr Muehlebach alleges that between 1 July 2018 and 30 June 2023[1] Mr Esmond Sidebottom contravened s 45 of the FW Act by underpaying his wages and failing to pay penalty rates in breach of clauses 11.2, 15.1, 18.2 and 20.2 of the Cleaning Services Award 2020 (the Award).[2] Mr Muehlebach also alleges that Mr Sidebottom has contravened s 557A(1)(a) of the FW Act and s 16 of the Superannuation Guarantee (Administration) Act 1992 (Cth) (the Superannuation Guarantee Act).
[1] The period recorded in the Schedule of Underpayments filed by Muehlebach on 18 June 2025.
[2] Form 5 – Small claim under the Fair Work Act 2009 filed by Mr Muehlebach on 2 July 2024, ‘Part G – Contravention alleged’.
The monetary amounts claimed by Mr Muehlebach are:[3]
(a)$34,548.83 in unpaid wages and penalties.
(b)$3,627.55 in superannuation entitlements.
(c)$4,491.34 being interest on the total sum owed.
(d)$470.00 in respect of filing fees and further filing fees in a fixed sum.
[3] Application in a Proceeding filed by Mr Muehlebach on 16 April 2025, ‘Part D The orders you are seeking’.
SMALL CLAIMS PROCEEDINGS
Small claims proceedings are those dealt with under s 548 of the FW Act. Section 548 is found in Chapter 4 Division 3 of the FW Act. Division 30.4 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) (the GFL Rules) also applies to small claims proceedings under s 548 of the FW Act.
Section 548(1) of the FW Act provides:
(1)Proceedings are to be dealt with as a small claims proceeding under this section if:
(a) a person applies for an order 2 (other than seeking a pecuniary penalty order) under Division 2 from a magistrates court or in the Federal Circuit and Family Court of Australia (Division 2); and
(b) the order relates to an amount referred to in section 548(1A) of the FW Act; and
(c) the person indicates in a manner prescribed by the regulations or by the rules of the court, that he or she wants the small claims procedure to apply to the proceedings.
Section 548(1A) specifies the amounts to which an order relates to. Relevantly for the purpose of this proceeding this includes an amount that an employer is required to pay an employee under a “fair work instrument”.[4] A “fair work act instrument” is defined in s 12 of the FW Act as including a modern award. The Award is a modern award. The monetary amount that can be awarded by this Court in small claims proceedings is limited by the FW Act to not more than $100,000.00.[5]
[4] Fair Work Act 2009 (Cth), s 548(1A)(i).
[5] Fair Work Act 2009 (Cth), s 548(2).
The orders that this Court can make under the FW Act are dealt with in s 545. Section 545 is a broad provision which provides that this Court may make any order that the Court considers appropriate if it is satisfied that a civil remedy provision has been contravened.[6] Examples of the types of orders that can be made include the granting of injunctions, orders awarding compensation for loss and re-instatement.[7] In small claims proceedings the ambit of the Court’s ability to make orders is fettered by the combined operation of s 548(1)(b) and s 548(1A). The Court’s orders must relate to “an amount that an employer was required to pay to, or on behalf of an employee”.
[6] Fair Work Act 2009 (Cth), s 545(1).
[7] Fair Work Act 2009 (Cth), s 545(2).
Small claims proceedings are intended to be conducted as quickly, inexpensively and efficiently as possible. The conduct of the proceedings is to be consistent with the overarching purposes of the Court: s 190 of the FCFCOA Act and r 1.04 of the GFL Rules. Section 548(3) of the FW Act and r 30.10(3) of the GFL Rules provide that in small claims proceedings the Court is not bound by the rules of evidence and procedure and may act in an informal manner and without regard to legal forms and technicalities. This does not mean the rules of evidence do not apply and legal technicalities should be completely ignored.[8] Legal representation of the parties is not prohibited and may be granted with leave of the Court.[9]
[8] Ejueyitsi v Commissioner of Police (Western Australia) [2013] FMCA 120, [7] citing Zoological Board of Victoria v Australian Liquor, Hospitality & Miscellaneous Workers Union (1993) 49 IR 41, [48] and Walker v State of Victoria [2012] FCAFC 38, [81]; McShane v Image Bollards Pty Ltd [2011] FMCA 215, [7].
[9] Fair Work Act 2009 (Cth), s 548(6); Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth), r 30.12.
If the Court makes an order against a party to small claims proceeding the Court may make an order as to costs for any filing fees paid to the Court that applied: s 548(10).
REVIEW APPLICATION
The substantive Application lodged 2 July 2024 (Application) in this matter was initially heard by a Registrar on 20 February 2025 pursuant to delegations provided for in rule 21.01 of the GFL Rules. In the Form 5 filed along with the Application Mr Muehlebach sought orders that he be paid a total amount of $44,811.59 being $7,814.03 in wages, $33,109.80 in penalty rate and $3,887.76 in superannuation.
The Registrar determined the Application on 17 March 2025 and made orders (Registrar’s Orders) that:
(1)Within 28 days of the date of this order, the respondent pay:
(a) the applicant $10,499.84 in respect of unpaid wages / employment entitlements;
(b) directly into the applicant’s nominated superannuation fund $1,207.48 in respect of the applicant’s superannuation entitlements (payable on the amount referred to in order 1(a) at the current rate of 11.5%);
(c) the applicant $2,714.28 in respect of interest (which has been calculated on the underpayments outstanding at the end of each financial year in the period claimed at the Federal Court pre-judgement interest rate); and
(d) the applicant $470 in respect of filing fees.
On 16 April 2025 Mr Muehlebach filed an Application in a Proceeding pursuant to Division 21.2 of the GFL Rules (Review Application). In the Review Application Mr Muehlebach seeks that the Registrar’s Orders be set aside and that the Court make orders that he be paid a total amount of $43,137.72 being $34,548.83 for unpaid wages, $3,627.55 in interest and $470.00 for filing fees and plus $3,627.55 in superannuation entitlements. According to the Schedule of Underpayments prepared by Mr Muehlebach has been underpaid $45,243.06. No explanation has been provided by Mr Muehlebach as to why the amounts claimed by him vary.
Rule 21.02(1) requires that an application for review must be made within seven (7) days of the decision of a Registrar. The seven (7) day period which in this case ended on 24 March 2025. The Review Application was filed 23 days out of time. The matter came before me on 27 May 2025 (May Hearing). I raised the issue of the extension of time with the parties. Mr Muehlebach said he thought he had 28 days for an ‘appeal’ and that the Registrar’s Orders were provided to him on 31 March 2025. When I asked Mr Sidebottom what his position was he said he did not oppose the grant of an extension of time. I made Orders pursuant to r 21.02(2) extending the time for the filing of the Application for Review to 16 April 2025.[10]
[10] Orders of Judge Bingham dated 27 May 2025, Order 1.
I was of the view at the May Hearing that the matter was not ready to proceed. I made Orders at the May Hearing for the filing of material including a statement of evidence and schedules of underpayments to be prepared by each party. I informed Mr Muehlebach that I was unable to make an order in relation to an underpayment that related to a period that was more than six (6) years from the date of the commencement of the proceeding.[11] The Registrar’s Orders were stayed pending the hearing and determination of the Review Application.[12]
[11] Fair Work Act 2009 (Cth), s 545(5).
[12] Orders of Judge Bingham dated 27 May 2025, Order 2.
As the review of the Registrar’s Orders is a hearing de novo, I do not need to be satisfied that the Registrar fell into error in some way. Rather, I must consider and determine the claim afresh.[13]
[13] Noble Earth Technologies Pty Ltd v Hampic Pty Ltd trading as Cyndan Chemicals [2012] NSWSC 935, [39];
On 3 July 2025 the Review Application was heard before me by videoconference as the parties reside in Tasmania (Hearing). I explained the process to be undertaken during the Hearing. Each of the parties appeared as a litigant in person. Both parties were sworn in at the commencement of the Hearing. Each party cross examined the other and made submissions.
I took Mr Muehlebach to the material that he had filed and asked him what was relied upon. He confirmed that he relied upon:
(a)The Application, lodged on 2 July 2024 and accepted for filing on 4 July 2024;
(b)The Form 5 – Small claim under the Fair Work Act 2009, lodged on 2 July 2024 and accepted for filing on 4 July 2024;
(c)The Review Application;
(d)The Affidavit made by him affirmed 12 June 2025 and accepted for filing on 18 June 2025 together with Annexures except for Annexures 3, 4, and 6; and
(e)His Schedule of Underpayments filed 18 June 2025.
Mr Muehlebach was asked whether there was any additional material upon which he sought to rely and he responded that there was not.
I undertook the same process with Mr Sidebottom. He confirmed that he relied upon:
(a)The Affidavit made by him affirmed 17 June 2025 and accepted for filing on 18 June together with Annexures which included:
(i)His Schedule of Underpayments;
(ii)His statement of evidence; and
(iii)Payroll Activity Details for Ron Muehlebach for the period 1 April 2019 to 30 June 2023.
From the material filed and relied upon by the parties and the evidence given at the Hearing it is apparent that the following facts were not in dispute:
(a)Mr Sidebottom was the director of a cleaning business Clean Scene Services & Supplies Pty Ltd (Clean Scene).
(b)Mr Muehlebach was engaged pursuant to an oral contract to undertake work for Clean Scene.
(c)The oral contract was negotiated between Mr Muehlebach and Mr Sidebottom.
(d)The terms of Mr Muehlebach’s engagement included that:
(i)He be employed as a casual cleaner from 11 October 2017; and
(ii)He be paid $25.00 per hour for ordinary hours of work.
(e)Mr Muehlebach was provided with a fuel card, a mobile telephone and a motor vehicle in the course of his employment.
(f)Mr Sidebottom lent Mr Muehlebach money. Mr Muehlebach owes Mr Sidebottom $2,580.00.
(g)From July 2022 Mr Muehlebach was paid $27.14 per hour for ordinary hours of work.
(h)Mr Muehlebach’s position was classified as a level 1, casual cleaner, 21 years and older under the Award.
(i)Mr Muehlebach was paid weekly and received pay summaries from Mr Sidebottom’s accountant.
(j)Mr Muehlebach ceased employment with Clean Scene on 4 July 2023. Mr Muehlebach was paid two (2) weeks wages in lieu of notice of termination. The mobile telephone was transferred to Mr Muehlebach in or around August 2023. Mr Muehlebach was permitted to use the fuel card until August 2023. The motor vehicle was transferred to Mr Muehlebach in April 2023.
(k)Mr Sidebottom sold the Clean Scene business in or around mid 2023.
WHAT IS THE AWARD RATE OF PAY?
Neither party has sought to rely upon the Award. Each party has filed a Schedule of Underpayments. I have taken into account the rates of pay set out in each Schedule. Based on the content of each schedule it is clear that Mr Muehlebach and Mr Sidebottom agree that the following rates apply to work performed by Mr Muehlebach (collectively referred to as the Agreed Rates of Pay):
(a)Between 1 July 2019 and 30 June 2020:
(i)$26.03 for work performed Monday to Friday.
(ii)$36.44 for work performed on a Saturday.
(iii)$46.85 for work performed on a Sunday.
(b)Between 1 July 2020 and 30 June 2021:
(i)$26.48 for work performed Monday to Friday.
(ii)$37.07 for work performed on a Saturday.
(iii)$47.66 for work performed on a Sunday.
(c)Between 1 July 2021 and 30 June 2022:
(i)$27.14 for work performed Monday to Friday.
(ii)$37.99 for work performed on a Saturday.
(iii)$48.85 for work performed on a Sunday.
(d)Between 1 July 2022 and 4 July 2023:
(i)$28.45 for work performed Monday to Friday.
(ii)$39.83 for work performed on a Saturday.
(iii)$51.21 for work performed on a Sunday.
Mr Muehlebach’s details of claim does not include any allegation as to the rate of ay after 30 June 2023. The Schedule of Underpayment prepared by Mr Muehlebach ceases at 30 June 2023. As such I must conclude that Mr Muehlebach does not advance his claim beyond 30 June 2023. The Agreed Rates of Pay are consistent with the rates of pay in the Pay Rates Summaries produced from the Fair Work Ombudsman Pay and Conditions Tool annexed to Mr Muehlebach’s affidavit.
I accept that the Award rate of pay from July 1 2018 until 19 May 2019 is as set out in the Mr Muehlebach’s Schedule of Underpayments, that is $25.26 for work performed Monday to Friday; $35.37 for work performed on a Saturday and $45.47 for work performed on a Sunday. This is also consistent with the rates of pay in the Pay Rates Summaries produced from the Fair Work Ombudsman Pay and Conditions Tool annexed to Mr Muehlebach’s affidavit. Mr Sidebottom’s Schedule does not deal with this period of employment.
Mr Muehlebach did not actively press his claim for a casual loading. I am unable to discern from the material before me whether the rates of pay in the Pay Rates summaries do in fact include a casual loading.
The substantive Application was lodged in this Court on 2 July 2024. I am restricted by s 545(5) of the FW Act in that I am unable to make an order with respect to an underpayment that relates to a period that is more than six (6) years before the commencement of these proceedings. Mr Muehlebach does not claim beyond 30 June 2023. As such my consideration with respect whether there was an underpayment is restricted to the period 2 July 2018 and 30 June 2023 based on the Schedule of Underpayment relied upon by Mr Muehlebach.
IS MR SIDEBOTTOM THE EMPLOYER?
Mr Muehlebach identified Mr Sidebottom as his employer in Part B of the Form 5 filed with this Court. Further in the details of claim annexed to the Form 5 Mr Muehlebach alleges:
1.The Applicant:
[…]
(b)was an employee of the Respondent’s business Clean Scene (The Business) from on or around 17 October 2017 to 4 July 2023 (the Employment Period).
[…]
2.The Respondent:
(a) was at all material times the director of The Business
(b) The Business was at all material times a corporation capable of being sued in its own name
(c) was the employer of the Applicant during the Employment period claimed; and
(d) was at all material times a national system employer as defined in s.14 of the FW Act.
[…]
The details of claim were confused, claiming Mr Muehlebach was an employee of corporate entity on one hand and on the other hand he was employed by Mr Sidebottom. The identification of the employer is not a mere technicality, it is the central basis upon which the claim under the small claims procedure can be made; that is the employer was required to pay the employees an amount. I placed the parties on notice by way email from my Chambers on 23 June 2025 that I expected to be addressed on who was the employer for the purpose of these proceedings.
The unchallenged evidence of Mr Sidebottom is that he operated, as a director, a small cleaning business, Clean Scene Services and Supplies Pty Ltd since 1996 and was in the process of winding up that business when in or around September 2017 he was approached by Mr Muehlebach and Chris Cannon regarding tendering for cleaning work on the Hobart waterfront. Mr Sidebottom “reregistered Clean Scene Services & Supplies and updated my insurances, as well as purchasing all new equipment and applicators etc.” and successfully tendered for the cleaning work with Mr Muehlebach being engaged as a cleaner.
It was Mr Sidebottom’s evidence that Mr Muehlebach and Mr Cannon had some sought of “first right of refusal” to purchase the Clean Scene business after 5 years. Mr Muehlebach was notified by Mr Sidebottom in March 2023 of his intention to sell the Clean Scene business at the end of June 2023. On 4 April 2023 Mr Sidebottom informed Mr Muehlebach of his intention to sell the Clean Scene Business to a small family concern. The sale of the Clean Scene business was affected in or around late June / early July 2023. It was Mr Sidebottom’s evidence that the purchasers continue to operate the Clean Scene business and that Clean Scene continues to trade.
Mr Muehlebach’s payslip annexed to the Form 5 shows that he was paid by Clean Scene Services & Supplies. Clean Scene’s Australian Business Number (ABN) is also found on each payslip. Mr Muehlebach annexes to his affidavit an Australian Tax Office (ATO) pre-filing report for 2019 showing Clean Scene as his employer. Also annexed to Mr Muehlebach‘s affidavit are ATO income statements for the financial years 2019/2020, 2020/2021, 2021/2022 and 2022/2023. Each of these income statements refer to ‘The Trustee for the HEGS Discretionary Trust’ as the employer. The ABN for the Trustee for the HEGS Discretionary Trust referred to in the ATO Income statements is identical to the ABN for Clean Scene found on Mr Muehlebach’s payslips.
Mr Sidebottom gave evidence that that HEGS Discretionary Trust was established when he started Clean Scene and HEGS Discretionary Trust traded as Clean Scene.
Mr Muehlebach submitted forcefully that as far as he was concerned Mr Sidebottom was his employer. This is certainly alleged in his Form 5.
The evidence in this case overwhelmingly points to Clean Scene being the employer of Mr Muehlebach between October 2017 and 4 July 2023. Clean Scene was “re-registered” by Mr Sidebottom for the purpose of operating the business in which Mr Muehlebach was employed. Clean Scene was the entity that paid Mr Muehlebach and was the employer for ATO purposes. Mr Sidebottom was not, at the relevant time the employer of Mr Muehlebach but rather a director of the employer company.
Clean Scene is not a party to these proceedings.
In so far as it is alleged by Mr Muehlebach that a reverse onus be imposed on Mr Sidebottom due to the operation of s 57C of the FW Act, this allegation cannot be made out as the reverse onus is imposed on an employer. Mr Sidebottom was not an employer and as such the s 557C reverse onus did not apply to him personally.
IS THIS A PROCEEDING UNDER S 548 OF THE FW ACT?
Section 548 has three (3) cumulative requirements that must be met by Mr Muehlebach to invoke the small claims procedure jurisdiction. First, Mr Muehlebach must apply for an order under Part 4-1 Civil Penalties - Division 2 Orders of the FW Act from this Court or a Magistrates’ court. Claims for pecuniary penalties are specifically excluded in small claim proceedings.
Second, the order must relate to an amount referred to in s 548(1A). Section 548(1A)(a) provides that the amount is an amount that an employer is required to pay to, or on behalf, of an employee under the FW Act, because of a safety net contractual entitlement, an entitlement under s 542(1) of the FW Act, relevantly for the purposes of this matter, a fair work instrument.
Third, that Mr Muehlebach indicate in a manner prescribed by the regulations or rules of the Court that he wants the small claims procedure to apply to the proceedings.
The allegations made by Mr Muehlebach that there has been a contravention of s 16 of the Superannuation Guarantee Act are outside of the small claim jurisdiction. This is because the order sought does not relate to an amount required to be paid by an employer to Mr Muehlebach under the FW Act or a fair work instrument or because any of those matters listed in s 548(1A)(a)(ii), (iii) or (b) and is therefore not within the small claims jurisdiction.
Mr Muehlebach has met both the first and the third elements required by s 548 for the purpose of invoking the small claims jurisdiction of this Court. Mr Muehlebach has made claims under Division 2 of Part 4-1 Orders of the FW Act for orders in that he says that he seeks a compensation in the form of wages, penalty rates and superannuation in the amount of $44,811.59.[14] The Application has made been in the proscribed form required by the GFL Rules and Mr Muehlebach elected for the matter to proceed under the Court’s small claim procedures meeting the requirements of s 548(1)(c).[15]
[14] Form 5 filed by Mr Muehlebach on 2 July 2024, ‘Part H - Remedy Sought’.
[15] Application – Fair Work Division filed by the Applicant on 2 July 2024 and accepted for filing on 4 July 2024.
Mr Muehlebach has not met the second element required under s 548(1)(b). Mr Muehlebach has strenuously submitted that Mr Sidebottom is the employer. I have found that Clean Scene was the Mr Muehlebach’s employer at the relevant time not Mr Sidebottom. Mr Sidebottom was not required to pay to Mr Muehlebach an amount under the Award.
There is no allegation made by Mr Muehlebach that an amount was required to be paid by Clean Scene under the Award, in fact the opposite is the case. There is no allegation that Mr Sidebottom was involved in a contravention of the FW Act by Clean Scene. I cannot discern from the claim filed or the evidence before me that such a claim was impliedly made by Mr Muehlebach. It could not be said that Mr Sidebottom was on notice that such a claim was being made against him. Mr Muehlebach did not cross examine Mr Sidebottom with respect to the essential elements of an accessorial liability claim nor did he make submissions on this issue.[16]
[16] There are conflicting decisions of this Court as to whether an accessorial liability claim can be made in a s 548 small claims proceeding, Alvarez Nino v Kuksal [2022] FedCFamC2G 401 (Judge Forbes) and Beer v Lim & Anor [2012] FMCA 494 (Judge O’Sullivan).
The necessary elements of s 548(1) have not been met by Mr Muehlebach. The small claims jurisdiction has not been invoked by Mr Muehlebach. I have no jurisdiction to determine the claim made.
HAS THERE BEEN AN UNDERPAYMENT?
Mr Muehlebach and Mr Sidebottom agree that from the commencement of employment on 17 October 2017 Mr Muehlebach was paid an hourly rate of $25.00 until 1 July 2022 when this rate increased to $27.14 per hour (Agreed Hourly Rates of Pay).
It was conceded by Mr Muehlebach in cross examination that if he worked three (3) hours on a Saturday he was paid for five (5) hours at the hourly rate of pay and that if he worked three (3) hours on a Sunday he was paid for six (6) hours at the hourly rate of pay.
As set out in Mr Sidebottom’s Statement of evidence and Schedule of Underpayments, the effect of this arrangement was that when Mr Muehlebach worked a Saturday he was paid at 1.5 times the Agreed Hourly Rates of Pay and double the Agreed Hourly Rates of Pay when he worked a Sunday.[17] During the period 11 October 2017 until 30 June 2022 Mr Muehlebach received $37.50 per hour when he worked on a Saturday and $50.00 when he worked on a Sunday.[18] From 1 July 2022 when Mr Muehlebach worked a Saturday he was paid $40.71 per hour and $54.28 per hour when he worked a Sunday.[19]
[17] Alternatively, paid for 1.5 times the amount of hours worked on Saturdays and 2 times the amount of hours worked on Sundays.
[18] As set out in Mr Sidebottom’s Schedule of Underpayments and Statement of Evidence at [6]-[8].
[19] As set out in Mr Sidebottom’s Schedule of Underpayments and Statement of Evidence at [7], [8] and [35].
It was the unchallenged evidence of Mr Sidebottom that there were no set hours of work or shifts, Mr Muehlebach was free to clean sites which were predominately restaurants at any time that suited him provided that it was before opening the next working day.
I accept Mr Sidebottom’s evidence that the hours worked by Mr Muehlebach in a week were communicated to Mr Sidebottom by Mr Muehlebach either orally by telephone, by text message or email. I also accept Mr Sidebottom’s evidence that generally Mr Muehlebach was paid for 26 hours of work a week together with any extra hours worked. This generally equated to: three (3) hours per day seven (7) days per week.
Mr Sidebottom’s accountant prepared payslips and forwarded them to Mr Muehlebach. A payslip issued to Mr Muehlebach is attached to the Form 5 filed by him.
From 23 March 2020, as a result of the COVID-19 pandemic lock downs, there was no cleaning work available on a Sunday because many of the sites cleaned by Mr Muehlebach were closed. Mr Muehlebach commenced cleaning at a pharmaceutical company from 9:00am to 3:00pm on a daily basis. At the end of 2020/early 2021 Mr Muehlebach’s hours at the pharmaceutical company decreased from 9:00am to 1:30pm daily. In addition to work performed at the pharmaceutical company in 2020/2021 Mr Muehlebach also performed work as a shelf duster and stock replacer on a Saturday at an agreed rate of $100.00 for four (4) hours of work. This evidence was again unchallenged by Mr Muehlebach.
I also note that Mr Muehlebach’s payslip for the pay period 22 June 2020 and 28 June 2020 shows that he was in receipt of a job keeper payment during the pandemic.
During cross examination Mr Sidebottom questioned Mr Muehlebach about the Schedule of Underpayments upon which he relies. As a result of the questions around public holidays put by Mr Sidebottom to Mr Muehlebach I asked Mr Muehlebach if he had worked every Easter and Christmas since 2019 to which he responded “No”. He conceded that his Schedule of Underpayments was inaccurate and that he did not work Easter nor did he work Christmas Day or Boxing Day. This evidence was inconsistent with his affidavit evidence. Mr Muehlebach was unable to identify the days that he did not work but were erroneously included in his Schedule of Underpayments.
It is also apparent that Mr Muehlebach’s Schedule of Underpayments records time worked on Sunday in 2020 which would have corresponded with the COVID pandemic and is inconsistent with Mr Sidebottom’s unchallenged evidence that Mr Muehlebach did not work on a Sunday at that time. Further Mr Muehlebach’s Schedule does not properly record the payments received when he did work on a Saturday as 1.5 times the hourly rate of pay or double the hourly rate on a Sunday. In most cases the hourly rate paid on Saturdays and Sundays exceeded the Award Rate of pay (excepting the Award rate of pay on a Sunday between 1 July 2022 and 4 July 2023).
Mr Muehlebach seems to place some reliance on s 557C imposing a reverse onus upon Mr Sidebottom. Section 557C imposes a reverse onus on an employer in circumstances where pay records do not meet the requirements of the FW Act and Fair Work Regulations 2009 (Cth) (FW Regulations). Mr Muehlebach gave evidence that the payslips he received did not identify the days that he worked and that there were no business records to prove otherwise. Mr Sidebottom conceded that the pay records did not record when penalty rates were paid to Mr Muehlebach for work on a Saturday or a Sunday. The payslips and pay summaries which are before me are lacking information required by FW Act and FW Regulations but as I have determined Mr Sidebottom is not subject to the reverse onus referred to in s 557C as he is not the employer. The onus in this case remains with Mr Muehlebach. In any event the lack of information on payslips does not excuse the inclusion of information which Mr Muehlebach knows to be incorrect in his Schedule of Underpayments.
Where the underpayment schedules differ I prefer that the figures and amounts set out in Mr Sidebottom’s Schedule of Underpayments to those in Mr Muehlebach’s Schedule of Underpayments because Mr Muehlebach has claimed underpayments for dates that he knowingly did not work and has not accurately represented the payments he did receive whereas Mr Sidebottom has made appropriate concessions where an underpayment had occurred and reflected this in his Schedule of Underpayments. Mr Sidebottom’s Schedule of Underpayments has been amended to record that the applicable award rate for Saturdays when Mr Muehlebach was performing work as a shelf duster and stock replacer was $37.07 (as opposed to $25.00 used), correct miscalculations in the sums of ‘Total paid / shift’, ‘award pay for shift’ and ‘Difference in pay’ and include the award rate for 1 July 2023 as the award rate for the 2023/2024 financial year applied (as opposed to the 2022/2023 rate used).
Based upon Mr Sidebottom’s Schedule of Underpayments, as amended, Mr Muehlebach was underpaid between 27 May 2019 and 2 July 2023 in the total amount of $8,832.97.
Unfortunately, Mr Sidebottom’s Schedule of Underpayments does not refer to the period from 2 July 2018 to 26 May 2019. For this period I have calculated the underpayment based on the date of shift, day of the week, hours of shift and hours worked provided in Mr Muehlebach’s Schedule of Underpayments except I have excluded any work allegedly undertaken on Christmas Day, Boxing Day, Easter Saturday and Easter Sunday and Easter Monday and on gazetted public holidays. Based on the Agreed Award Rates of Pay and Agreed Hourly Rates of Pay paid to Mr Muehlebach I have calculated how much he was paid for each shift based on the Agreed Hourly Rates of Pay and how much he was entitled to be paid under the Award based on the Agreed Award Rates of Pay.[20] I have taken into account that Mr Muehlebach has adjusted his hours to reflect that he was paid 1.5 times the hours he worked on Saturdays and double the hours he worked on Sundays. There was no underpayment in this period. A spreadsheet setting out the calculations is annexed to these Reasons for Judgment at Schedule “A”.
[20] Mr Muehlebach’s Schedule of Underpayments for 2 July 2018 to 26 May 2019 contained miscalculations as the amounts recorded for total paid for shift and total award pay for shift for Mondays through to Fridays did not amount to the hours worked times the rate of pay or applicable award rate. Mr Muehlebach’s Schedule of Underpayments for 2 July 2018 to 26 May 2019 records the rate of pay as $25.00 per hour for every day of the week and the amount of hours on Saturdays and Sundays appear to be adjusted to reflect that he was paid 1.5 times he hours worked on Saturdays and double the hours he worked on Sunday. The Schedule then erroneously multiplies the adjusted hours worked, as opposed to actual hours worked, on Saturdays and Sundays with the applicable award rate resulting in an amount that overcalculates the total award pay Mr Muehlebach was entitled to.
The total amount of the underpayment for the period 2 July 2018 and 2 July 2023 is $8,830.15.
The s 557A contravention claim was not actively pursued by Mr Muehlebach. Mr Muehlebach did not cross examine Mr Sidebottom on the essential of elements s 557A nor were any submissions made. In any event the details a claim did not specify the relevant serious contravention as required by s 557A(6) in these circumstances this claim fails at the first hurdle.
CONCLUSION
The Registrar’s Orders are to be set aside. Mr Muehlebach’s claim fails for want of jurisdiction.
The Review Application, and the Application must be dismissed.
I certify that the preceding sixty-one (61) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Bingham. Associate:
Dated: 5 September 2025
Schedule “A”
DATE OF SHIFT DAY OF THE WEEK HOURS OF SHIFT HOURS WORKED APPLICABLE AWARD RATE RATE OF PAY PER HOUR TOTAL PAID FOR SHIFT TOTAL AWARD PAY FOR SHIFT TOTAL PAID MINUS TOTAL AWARD PAY 2-Jul-18 Monday 12pm-6am 5.73 $25.26 $25.00 $143.25 $144.74 -$1.49 3-Jul-18 Tuesday 12pm-6am 5.73 $25.26 $25.00 $143.25 $144.74 -$1.49 4-Jul-18 Wednesday 12pm-6am 5.73 $25.26 $25.00 $143.25 $144.74 -$1.49 5-Jul-18 Thursday 12pm-6am 5.73 $25.26 $25.00 $143.25 $144.74 -$1.49 6-Jul-18 Friday 12pm-6am 5.73 $25.26 $25.00 $143.25 $144.74 -$1.49 7-Jul-18 Saturday 12am-8am 7.66 $35.37 $25.00 $191.50 $180.62 $10.88 8-Jul-18 Sunday 12am-10am 9.66 $45.47 $25.00 $241.50 $219.62 $21.88 9-Jul-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 10-Jul-18 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $39.69 -$1.44 11-Jul-18 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 12-Jul-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 13-Jul-18 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 14-Jul-18 Saturday 12am-8am 7.66 $35.37 $25.00 $191.50 $180.62 $10.88 15-Jul-18 Sunday 12am-10am 9.66 $45.47 $25.00 $241.50 $219.62 $21.88 16-Jul-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 17-Jul-18 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 18-Jul-18 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 19-Jul-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 20-Jul-18 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 21-Jul-18 Saturday 12am-8am 7.66 $35.37 $25.00 $191.50 $180.62 $10.88 22-Jul-18 Sunday 11pm-11am 11.66 $45.47 $25.00 $291.50 $265.09 $26.41 23-Jul-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 24-Jul-18 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 25-Jul-18 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 26-Jul-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 27-Jul-18 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 28-Jul-18 Saturday 12am-8am 7.66 $35.37 $25.00 $191.50 $180.62 $10.88 29-Jul-18 Sunday 12am-10am 9.66 $45.47 $25.00 $241.50 $219.62 $21.88 30-Jul-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 31-Jul-18 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 1-Aug-18 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 2-Aug-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 3-Aug-18 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 4-Aug-18 Saturday 12am-8am 7.66 $35.37 $25.00 $191.50 $180.62 $10.88 5-Aug-18 Sunday 11pm-11am 11.66 $45.47 $25.00 $291.50 $265.09 $26.41 6-Aug-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 7-Aug-18 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 8-Aug-18 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 9-Aug-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 10-Aug-18 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 11-Aug-18 Saturday 12am-8am 7.66 $35.37 $25.00 $191.50 $180.62 $10.88 12-Aug-18 Sunday 12am-10am 9.66 $45.47 $25.00 $241.50 $219.62 $21.88 13-Aug-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 14-Aug-18 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 15-Aug-18 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 16-Aug-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 17-Aug-18 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 18-Aug-18 Saturday 12am-8am 7.66 $35.37 $25.00 $191.50 $180.62 $10.88 19-Aug-18 Sunday 12am-10am 9.66 $45.47 $25.00 $241.50 $219.62 $21.88 20-Aug-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 21-Aug-18 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 22-Aug-18 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 23-Aug-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 24-Aug-18 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 25-Aug-18 Saturday 12am-8am 8.66 $35.37 $25.00 $216.50 $204.20 $12.30 26-Aug-18 Sunday 12am-10am 9.66 $45.47 $25.00 $241.50 $219.62 $21.88 27-Aug-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 28-Aug-18 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 29-Aug-18 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 30-Aug-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 31-Aug-18 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 1-Sep-18 Saturday 12am-8am 7.66 $35.37 $25.00 $191.50 $180.62 $10.88 2-Sep-18 Sunday 12am-10am 9.66 $45.47 $25.00 $241.50 $219.62 $21.88 3-Sep-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 4-Sep-18 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 5-Sep-18 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 6-Sep-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 7-Sep-18 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 8-Sep-18 Saturday 12am-8am 7.66 $35.37 $25.00 $191.50 $180.62 $10.88 9-Sep-18 Sunday 11pm-11am 11.66 $45.47 $25.00 $291.50 $265.09 $26.41 10-Sep-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 11-Sep-18 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 12-Sep-18 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 13-Sep-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 14-Sep-18 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 15-Sep-18 Saturday 12am-8am 7.66 $35.37 $25.00 $191.50 $180.62 $10.88 16-Sep-18 Sunday 11pm-11am 11.66 $45.47 $25.00 $291.50 $265.09 $26.41 17-Sep-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 18-Sep-18 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 19-Sep-18 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 20-Sep-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 21-Sep-18 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 22-Sep-18 Saturday 12am-8am 7.66 $35.37 $25.00 $191.50 $180.62 $10.88 23-Sep-18 Sunday 12am-10am 9.66 $45.47 $25.00 $241.50 $219.62 $21.88 24-Sep-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 25-Sep-18 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 26-Sep-18 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 27-Sep-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 28-Sep-18 Friday NO WORK 29-Sep-18 Saturday 12am-8am 8.66 $35.37 $25.00 $216.50 $204.20 $12.30 30-Sep-18 Sunday 12am-10am 9.66 $45.47 $25.00 $241.50 $219.62 $21.88 1-Oct-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 2-Oct-18 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 3-Oct-18 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 4-Oct-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 5-Oct-18 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 6-Oct-18 Saturday 12am-8am 7.66 $35.37 $25.00 $191.50 $180.62 $10.88 7-Oct-18 Sunday 12am-10am 9.66 $45.47 $25.00 $241.50 $219.62 $21.88 8-Oct-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 9-Oct-18 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 10-Oct-18 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 11-Oct-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 12-Oct-18 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 13-Oct-18 Saturday 12am-11am 10.66 $35.37 $25.00 $266.50 $251.36 $5.14 14-Oct-18 Sunday 12am-10am 9.66 $45.47 $25.00 $241.50 $219.62 $21.88 15-Oct-18 Monday 12pm-6am 5.73 $25.26 $25.00 $143.25 $144.74 -$1.49 16-Oct-18 Tuesday 12pm-6am 5.73 $25.26 $25.00 $143.25 $144.74 -$1.49 17-Oct-18 Wednesday 12pm-6am 5.73 $25.26 $25.00 $143.25 $144.74 -$1.49 18-Oct-18 Thursday 12pm-6am 5.73 $25.26 $25.00 $143.25 $144.74 -$1.49 19-Oct-18 Friday 12pm-6am 5.73 $25.26 $25.00 $143.25 $144.74 -$1.49 20-Oct-18 Saturday NO WORK 21-Oct-18 Sunday NO WORK 29-Oct-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 30-Oct-18 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 31-Oct-18 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 1-Nov-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 2-Nov-18 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 3-Nov-18 Saturday 12am-6am 5.66 $35.37 $25.00 $141.50 $133.46 $8.04 4-Nov-18 Sunday 12am-5am 4.66 $45.47 $25.00 $116.50 $105.94 $10.56 5-Nov-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 6-Nov-18 Tuesday NO WORK 7-Nov-18 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 8-Nov-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 9-Nov-18 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 10-Nov-18 Saturday 12am-9am 8.66 $35.37 $25.00 $216.50 $204.20 $12.30 11-Nov-18 Sunday 12am-10am 9.66 $45.47 $25.00 $241.50 $219.62 $21.88 12-Nov-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 13-Nov-18 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 14-Nov-18 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 15-Nov-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 16-Nov-18 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 17-Nov-18 Saturday 12am-8am 7.66 $35.37 $25.00 $191.50 $180.62 $10.88 18-Nov-18 Sunday 11pm-11am 11.66 $45.47 $25.00 $291.50 $265.09 $26.41 19-Nov-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 20-Nov-18 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 21-Nov-18 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 22-Nov-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 23-Nov-18 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 24-Nov-18 Saturday 12am-9am 8.66 $35.37 $25.00 $216.50 $204.20 $12.30 25-Nov-18 Sunday 12am-10am 9.66 $45.47 $25.00 $241.50 $219.62 $21.88 26-Nov-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 27-Nov-18 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 28-Nov-18 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 29-Nov-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 30-Nov-18 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 1-Dec-18 Saturday 12am-9am 8.66 $35.37 $25.00 $216.50 $204.20 $12.30 2-Dec-18 Sunday 12am-10am 9.66 $45.47 $25.00 $241.50 $219.62 $21.88 3-Dec-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 4-Dec-18 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 5-Dec-18 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 6-Dec-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 7-Dec-18 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 8-Dec-18 Saturday 12am-9am 8.66 $35.37 $25.00 $216.50 $204.20 $12.30 9-Dec-18 Sunday 12am-10am 9.66 $45.47 $25.00 $241.50 $219.62 $21.88 10-Dec-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 11-Dec-18 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 12-Dec-18 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 13-Dec-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 14-Dec-18 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 15-Dec-18 Saturday 12am-9am 8.66 $35.37 $25.00 $216.50 $204.20 $12.30 16-Dec-18 Sunday 12am-10am 9.66 $45.47 $25.00 $241.50 $219.62 $21.88 17-Dec-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 18-Dec-18 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 19-Dec-18 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 20-Dec-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 21-Dec-18 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 22-Dec-18 Saturday 12am-9am 8.66 $35.37 $25.00 $216.50 $204.20 $12.30 23-Dec-18 Sunday 12am-9am 8.66 $45.47 $25.00 $216.50 $196.88 $19.62 24-Dec-18 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 25-Dec-18 Tuesday NO WORK 26-Dec-18 Wednesday NO WORK 27-Dec-18 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 28-Dec-18 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 29-Dec-18 Saturday 12am-8am 7.66 $35.37 $25.00 $191.50 $180.62 $10.88 30-Dec-18 Sunday 12am-10am 9.66 $45.47 $25.00 $241.50 $219.62 $21.88 31-Dec-18 Monday 12am-5am 4.19 $25.26 $25.00 $104.75 $105.84 -$1.09 1-Jan-19 Tuesday NO WORK 2-Jan-19 Wednesday 12am-5am 4.19 $25.26 $25.00 $104.75 $105.84 -$1.09 3-Jan-19 Thursday 12am-5am 4.19 $25.26 $25.00 $104.75 $105.84 -$1.09 4-Jan-19 Friday 12am-5am 4.19 $25.26 $25.00 $104.75 $105.84 -$1.09 5-Jan-19 Saturday 12am-7am 7 $35.37 $25.00 $175.00 $165.06 $9.94 6-Jan-19 Sunday 12am-9am 9 $45.47 $25.00 $225.00 $204.61 $20.39 7-Jan-19 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 8-Jan-19 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 9-Jan-19 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 10-Jan-19 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 11-Jan-19 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 12-Jan-19 Saturday 12am-5am 4.66 $35.37 $25.00 $116.50 $109.88 $ 6.62 13-Jan-19 Sunday 12am-7am 6.66 $45.47 $25.00 $166.50 $151.41 $15.09 14-Jan-19 Monday 12am-7am 6.53 $25.26 $25.00 $163.25 $164.95 -$1.70 15-Jan-19 Tuesday 12am-7am 6.53 $25.26 $25.00 $163.25 $164.95 -$1.70 16-Jan-19 Wednesday 12am-7am 6.53 $25.26 $25.00 $163.25 $164.95 -$1.70 17-Jan-19 Thursday 12am-7am 6.53 $25.26 $25.00 $163.25 $164.95 -$1.70 18-Jan-19 Friday 12am-7am 6.53 $25.26 $25.00 $163.25 $164.95 -$1.70 19-Jan-19 Saturday 12am-5am 4.66 $35.37 $25.00 $116.50 $109.88 $ 6.62 20-Jan-19 Sunday 12am-9am 8.66 $45.47 $25.00 $216.50 $196.88 $19.62 21-Jan-19 Monday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 22-Jan-19 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 23-Jan-19 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 24-Jan-19 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 25-Jan-19 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 26-Jan-19 Saturday 12am-9am 8.66 $35.37 $25.00 $216.50 $204.20 $2.30 27-Jan-19 Sunday 12am-8am 7.66 $45.47 $25.00 $191.50 $174.15 $17.35 28-Jan-19 Monday NO WORK 29-Jan-19 Tuesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 30-Jan-19 Wednesday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 31-Jan-19 Thursday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 1-Feb-19 Friday 12am-6am 5.53 $25.26 $25.00 $138.25 $139.69 -$1.44 2-Feb-19 Saturday 12am-9am 8.66 $35.37 $25.00 $216.50 $204.20 $12.30 3-Feb-19 Sunday 12am-8am 7.66 $45.47 $25.00 $191.50 $174.15 $17.35 4-Feb-19 Monday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 5-Feb-19 Tuesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 6-Feb-19 Wednesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 7-Feb-19 Thursday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 8-Feb-19 Friday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 9-Feb-19 Saturday 12am-5am 4.66 $35.37 $25.00 $116.50 $109.88 $6.62 10-Feb-19 Sunday 12am-7am 6.66 $45.47 $25.00 $166.50 $151.42 $15.08 11-Feb-19 Monday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 12-Feb-19 Tuesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 13-Feb-19 Wednesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 14-Feb-19 Thursday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 15-Feb-19 Friday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 16-Feb-19 Saturday 12am-6am 5.66 $35.37 $25.00 $141.50 $133.46 $8.04 17-Feb-19 Sunday 12am-7am 6.66 $45.47 $25.00 $166.50 $151.42 $15.08 18-Feb-19 Monday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 19-Feb-19 Tuesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 20-Feb-19 Wednesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 21-Feb-19 Thursday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 22-Feb-19 Friday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 23-Feb-19 Saturday 12am-6am 5.66 $35.37 $25.00 $141.50 $133.46 $8.04 24-Feb-19 Sunday 12am-8am 7.66 $45.47 $25.00 $191.50 $174.15 $17.35 25-Feb-19 Monday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 26-Feb-19 Tuesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 27-Feb-19 Wednesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 28-Feb-19 Thursday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 1-Mar-19 Friday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 2-Mar-19 Saturday 12am-5am 4.66 $35.37 $25.00 $116.50 $109.88 $6.62 3-Mar-19 Sunday 12am-7am 6.66 $45.47 $25.00 $166.50 $151.42 $15.08 4-Mar-19 Monday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 5-Mar-19 Tuesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 6-Mar-19 Wednesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 7-Mar-19 Thursday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 8-Mar-19 Friday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 9-Mar-19 Saturday 12am-5am 4.66 $35.37 $25.00 $16.50 $109.88 $6.62 10-Mar-19 Sunday 12am-7am 6.66 $45.47 $25.00 $166.50 $151.42 $15.08 11-Mar-19 Monday NO WORK 12-Mar-19 Tuesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 13-Mar-19 Wednesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 14-Mar-19 Thursday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 15-Mar-19 Friday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 16-Mar-19 Saturday 12am-5am 4.66 $35.37 $25.00 $116.50 $109.88 $6.62 17-Mar-19 Sunday 12am-7am 6.66 $45.47 $25.00 $166.50 $151.42 $15.08 18-Mar-19 Monday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 19-Mar-19 Tuesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 20-Mar-19 Wednesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 21-Mar-19 Thursday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 22-Mar-19 Friday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 23-Mar-19 Saturday 12am-5am 4.66 $35.37 $25.00 $116.50 $109.88 $6.62 24-Mar-19 Sunday 12am-7am 6.66 $45.47 $25.00 $166.50 $151.42 $15.08 25-Mar-19 Monday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 26-Mar-19 Tuesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 27-Mar-19 Wednesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 28-Mar-19 Thursday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 29-Mar-19 Friday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 30-Mar-19 Saturday 12am-6am 5.66 $35.37 $25.00 $141.50 $ 133.46 $ 8.04 31-Mar-19 Sunday 12am-7am 6.66 $45.47 $25.00 $ 166.50 $ 151.42 $ 15.08 1-Apr-19 Monday 12am-6:10am 6.13 $25.26 $25.00 $ 153.25 $ 154.84 -$ 1.59 2-Apr-19 Tuesday 12am-6:10am 6.13 $25.26 $25.00 $ 153.25 $ 154.84 -$ 1.59 3-Apr-19 Wednesday 12am-6:10am 6.13 $25.26 $25.00 $ 153.25 $ 154.84 -$ 1.59 4-Apr-19 Thursday 12am-6:10am 6.13 $25.26 $25.00 $ 153.25 $ 154.84 -$ 1.59 5-Apr-19 Friday 12am-6:10am 6.13 $25.26 $25.00 $ 153.25 $ 154.84 -$ 1.59 6-Apr-19 Saturday 12am-6am 5.66 $35.37 $25.00 $ 141.50 $ 133.46 $ 8.04 7-Apr-19 Sunday 12am-7am 6.66 $45.47 $25.00 $166.50 $151.42 $15.08 8-Apr-19 Monday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 9-Apr-19 Tuesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 10-Apr-19 Wednesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 11-Apr-19 Thursday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 12-Apr-19 Friday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 13-Apr-19 Saturday 12am-6am 5.66 $35.37 $25.00 $141.50 $133.46 $8.04 14-Apr-19 Sunday 12am-7am 5.66 $45.47 $25.00 $141.50 $128.68 $12.82 15-Apr-19 Monday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 16-Apr-19 Tuesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 17-Apr-19 Wednesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 18-Apr-19 Thursday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 19-Apr-19 Friday NO WORK 20-Apr-19 Saturday NO WORK
21-Apr-19 Sunday NO WORK 22-Apr-19 Monday NO WORK 23-Apr-19 Tuesday 12am-6am 5.79 $25.26 $25.00 $144.75 $146.26 -$1.51 24-Apr-19 Wednesday 12am-6am 5.79 $25.26 $25.00 $144.75 $146.26 -$1.51 25-Apr-19 Thursday NO WORK 26-Apr-19 Friday 12am-6am 5.79 $25.26 $25.00 $144.75 $146.26 -$1.51 27-Apr-19 Saturday 12am-5am 4.66 $35.37 $25.00 $116.50 $109.88 $6.62 28-Apr-19 Sunday 12am-7am 6.66 $45.47 $25.00 $166.50 $151.42 $15.08 29-Apr-19 Monday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 30-Apr-19 Tuesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 1-May-19 Wednesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 2-May-19 Thursday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 3-May-19 Friday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 4-May-19 Saturday 12am-8am 7.16 $35.37 $25.00 $79.00 $168.83 $10.17 5-May-19 Sunday 12am-6am 5.66 $45.47 $25.00 $141.50 $128.68 $12.82 6-May-19 Monday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 7-May-19 Tuesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 8-May-19 Wednesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 9-May-19 Thursday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 10-May-19 Friday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 11-May-19 Saturday 12am-8am 7.16 $35.37 $25.00 $179.00 $168.83 $10.17 12-May-19 Sunday 12am-5am 4.66 $45.47 $25.00 $116.50 $105.95 $10.55 13-May-19 Monday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 14-May-19 Tuesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 15-May-19 Wednesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 16-May-19 Thursday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 17-May-19 Friday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 18-May-19 Saturday 12am-5am 4.66 $35.37 $25.00 $116.50 $109.88 $6.62 19-May-19 Sunday 12am-5am 4.66 $45.47 $25.00 $116.50 $105.95 $10.55 20-May-19 Monday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 21-May-19 Tuesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 22-May-19 Wednesday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 23-May-19 Thursday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 24-May-19 Friday 12am-6am 5.93 $25.26 $25.00 $148.25 $149.79 -$1.54 25-May-19 Saturday 12am-5am 4.66 $35.37 $25.00 $116.50 $109.88 $6.62 26-May-19 Sunday 12am-5am 4.66 $45.47 $25.00 $116.50 $105.95 $10.55 2 June 2018 - 26 May 2019 TOTAL PAID MINUS TOTAL AWARD PAY FOR PERIOD $944.74
Newman & Tate [2020] FamCA 1114, [9]-[12].
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5
4