Pryde v Warramunda Village

[2001] FCA 350

FEDERAL COURT OF AUSTRALIA

Pryde v Warramunda Village [2001] FCA 350

INDUSTRIAL LAW – underpayment of wages – interpretation of applicable awards - breach or non-observance of award –– calculation of payment for “sleepover shifts” – imposition of penalties - appropriate amount of interest payable

Workplace Relations Act 1996 (Cth) ss 178, 179A, 356(b)

Health Service Union of Australia (Victoria - Private Sector) Interim Award 1993

Health and Allied Services – Private Sector – Victoria Consolidated Award 1995

Penalty Interest Rates Act 1983 (Vic)

Pryde v Warramunda Village [2000] FCA 1374 referred to

Ardelle v Spastic Society of Victoria Ltd [2001] FCA 220 followed

DIANNE PRYDE and BERYL ANDERSON v WARRAMUNDA VILLAGE

V 100 OF 1999

MARSHALL J
MELBOURNE
3 APRIL 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

V 100 OF 1999

BETWEEN:

DIANNE PRYDE

FIRST APPLICANT

BERYL ANDERSON

SECOND APPLICANT

AND:

WARRAMUNDA VILLAGE

RESPONDENT

JUDGE:

MARSHALL J

DATE OF ORDER:

3 APRIL 2001

WHERE MADE:

MELBOURNE

THE COURT ORDERS THAT:

1.Pursuant to s178(1) of the Workplace Relations Act 1996 (Cth) (“the Act”), a penalty of $400 be imposed on the respondent in respect of the breaches of the Health Services Union of Australia (Victoria - Private Sector) Interim Award 1993 identified in the reasons for judgment delivered today and in the reasons delivered on 15 September 2000.

2.Pursuant to s178(1) of the Act, a penalty of $3,600 be imposed on the respondent in respect of the breaches of the Health and Allied Services – Private Sector – Victoria Consolidated Award 1995 identified in the reasons for judgment delivered today and in the reasons delivered on 15 September 2000.

3.Pursuant to s178(6) of the Act, the respondent pay the first applicant the sum of $35,034.10.

4.Pursuant to s178(6) of the Act, the respondent pay the second applicant the sum of $44,444.36.

5.Pursuant to s179A(1) of the Act, the respondent pay interest on each sum referred to at paragraphs 3 and 4 of this order at the rate of 6.5% from the date of the commencement of each underpayment until 15 September 2000.

6.Pursuant to s356(b) of the Act, the respondent pay each applicant the sum of $2,000 in respect of the penalties ordered to be paid by it pursuant to paragraphs 1 and 2 of this order.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 100 OF 1999

BETWEEN:

DIANNE PRYDE
FIRST APPLICANT

BERYL ANDERSON
SECOND APPLICANT

AND:

WARRAMUNDA VILLAGE
RESPONDENT

JUDGE:	MARSHALL J
DATE:	3 APRIL 2001
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. These reasons for judgment should be read together with the reasons for judgment in Pryde v Warramunda Village [2000] FCA 1374 (“the previous judgment”). The previous judgment was delivered on 15 September 2000. The substantive application before the Court sought the imposition of penalties upon the respondent pursuant to s178 of the Workplace Relations Act 1996 (Cth) (“the Act”). Relief was also sought pursuant to…