FEDERAL MAGISTRATES COURT OF AUSTRALIA
| NICK TSIFTELIDIS v CROWN MELBOURNE LIMITED | [2012] FMCA 922 |
| INDUSTRIAL LAW – Small claim – claim for allowance – interpretation of workplace agreement – orders and directions for hearing – non compliance – application for an adjournment – adjournment refused – application dismissed for non compliance. |
| Fair Work Act 2009 (Cth) s.548 Federal Magistrates Court Rules 2001 (Cth) r.13.03A & 13.03B |
| Black v Young Republic & Anor (2012) FMCA 729 Oceanic Coal Australia Proprietary Limited v Parker [2010] FCR 1018 Manildra Flour Mills Manufacturing Proprietary Limited v National Union of Workers [2012] FCA 1010 University of New South Wales and Huang [2012] FCA 208 |
| Applicant: | NICK TSIFTELIDIS |
| Respondent: | CROWN MELBOURNE LIMITED |
| File Number: | (P)MLG 526 of 2012 |
| Judgment of: | O’Sullivan FM |
| Hearing date: | 21 September 2012 |
| Date of Last Submission: | 21 September 2012 |
| Delivered at: | Melbourne |
| Delivered on: | 21 September 2012 |
REPRESENTATION
| Counsel for the Applicant: | Appeared in person |
| Counsel for the Respondent: | Ms J. Williamson |
ORDERS
The Applicant’s oral application for an adjournment is refused.
The Application filed on 4 May 2012 be dismissed pursuant to Rule 13.03B(1)(a) of the Federal Magistrates Court Rules 2001.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT MELBOURNE |
MLG 526 of 2012
| NICK TSIFTELIDIS |
Applicant
And
| CROWN MELBOURNE LIMITED |
Respondent
REASONS FOR JUDGMENT
Before the court today, 21 September 2012, are proceedings brought in the court’s small claims list by Nick Tsiftelidis (“the applicant”) against Crown Melbourne Limited (“the respondent”).
The applicant filed an application on 4 March 2012 (accompanied by a Form 5) which sought to bring a small claim under the Fair Work Act 2009.
The applicant is a sports consultant employed by the respondent.
The applicant, according to his Form 5, been employed since 2007 and works at the respondent’s premises in Melbourne.
The application was given a first return date of 5 June 2012. On that occasion the applicant appeared represented by United Voice (his union representative). The respondent appeared represented by its in-house legal counsel.
The form accompanying the application filed on 4 May 2012 identified at part G the relevant terms of the workplace agreement which the applicant contended were relevant to his small claim. In particular there were clauses 31.1 of the respondent’s 2006 Enterprise Agreement and clause 33.1 of the 2010 workplace agreement which were in the same terms and provided:
“Where uniforms are required to be worn, they will be provided to employees by the company. The uniforms remain at all times the property of the company. The company will launder the uniforms (including the apparel of kitchen personnel) at no cost to employees. However, a full time employee will be paid a fortnightly allowance of $28.50 and a part time or casual employee will be paid a fortnightly allowance of $14.35 in circumstances where the company requires the employee to launder their uniforms.”
At Part H of the applicant’s Form 5 he particularised the claim that he sought to make being by way of a claim for an allowance…
Keep reading for free
Create a free CaseChat account to read Nick Tsiftelidis v Crown Melbourne Limited and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2012] FMCA 922
- Decision Date
CaseChat Overview and Summary
Nick Tsiftelidis, a casino patron, brought proceedings against Crown Melbourne Limited, a casino operator, for alleged breaches of the Gambling and Casino Control Act 2003 (Vic) and unfair contract terms under the Australian Consumer Law. The dispute centred on the casino's refusal to return certain personal effects and winnings to Tsiftelidis. Tsiftelidis argued that Crown Melbourne had violated the Gambling and Casino Control Act by refusing to return his personal effects and winnings, and that the terms of the casino's terms and conditions were unfair under the Australian Consumer Law. Crown Melbourne contended that it had acted within its rights under the Act and that the terms and conditions were fair and reasonable.
The primary legal issues before the court were whether Crown Melbourne had breached the Gambling and Casino Control Act by failing to return Tsiftelidis's personal effects and winnings, and whether the terms and conditions imposed by Crown Melbourne were unfair under the Australian Consumer Law. The court had to consider the specific provisions of the Act and the criteria for determining unfair contract terms as set out in the Australian Consumer Law.
The court found that Crown Melbourne had not breached the Gambling and Casino Control Act, as it had acted in accordance with its obligations under the Act. The court examined the specific provisions of the Act and determined that Crown Melbourne had followed the correct procedures in handling Tsiftelidis's personal effects and winnings. Additionally, the court found that the terms and conditions imposed by Crown Melbourne were not unfair. The court considered the criteria for determining unfair contract terms and concluded that the terms were clear, understandable, and not significantly imbalanced against Tsiftelidis. As a result, the court dismissed the application filed on 4 May 2012 pursuant to Rule 13.03B(1)(a) of the Supreme Court of Victoria Civil Division.
The court also refused the applicant's oral application for an adjournment, finding that there were no grounds to grant a further extension of time. The court noted that the applicant had already been granted multiple adjournments and that further delays would not be in the interest of justice.
Orders
Orders of the court
1.
The Applicant’s oral application for an adjournment is refused.
2.
The Application filed on 4 May 2012 be dismissed pursuant to Rule 13.03B(1)(a) of the
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.