Munro v Beckett Australia Pty Ltd

Munro (the applicant) brought proceedings against Beckett Australia Pty Ltd (the respondent) in the Industrial Relations Commission of New South Wales, seeking payment of unpaid commission and a pecuniary penalty for alleged breaches of the *Real Estate Industry Award 2010*. The applicant also claimed payment of the minimum rate stipulated by the Award.

The Commission was required to determine whether the applicant was entitled to outstanding commission, the correct end date of the applicant's employment for the purposes of calculating entitlements, and whether the respondent had contravened the *Real Estate Industry Award 2010* in a manner that warranted a pecuniary penalty.

Judge Mercuri found that the applicant had not established entitlement to the claimed commission, as the evidence did not demonstrate that the conditions for its payment had been met. The Court determined the end date of employment based on the evidence presented. Crucially, the Court found that the applicant had been paid at least the minimum rate prescribed by the Award for the period of employment, and therefore, no contravention of the Award in relation to minimum rates had occurred. Consequently, the claim for a pecuniary penalty was dismissed.