Rachev v Rockwell T Security Pty Ltd

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FEDERAL COURT OF AUSTRALIA

INDUSTRIAL LAW - Breach of Award - failure to pay amounts to an employee under the Award - INDEPENDENT CONTRACTOR - whether applicant employed by respondent - AWARD - whether respondent a respondent to the Award

Workplace Relations Act 1996 s179, s179A,
Security Employees (Victoria) Award 1993

Cornwill v Rockwell T Security Pty Ltd (unreported, IRCA, Millane JR, 1 November 1996), discussed.
Paulino v Microantenna Services P/L, (unreported, IRCA, Millane JR, 11 December 1996), discussed.
The Australian Commonwealth Shipping Board v The Federated Seamens Union of Australia and Others (1925) CLR 462, applied.
Clothing and Allied Trades Union of Australia v J and J Saggio Clothing Manufacturers Pty Ltd (1990) 34 IR 26 and Nicol v Parr (1985) 11 IR 141) applied.
Zuijs v Wirth Brothers Pty Ltd (1955) 93 CLR 561, followed.
Stevens v Brodribb Sawmilling Company Pty Ltd,. (1985-1986) 160 CLR 16, followed.
Porter; Re Transport Workers Union of Australia, 34 IR 179, followed.

RACHO HRISTOV RACHEV v ROCKWELL T SECURITY PTY LTD
VG 591 of 1997

MILLANE JR
MELBOURNE
2 APRIL  1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

VG 591  of   1997

BETWEEN:

RACHO HRISTOV RACHEV
APPLICANT

AND:

ROCKWELL T SECURITY PTY LTD
RESPONDENT

JUDICIAL REGISTRAR:

MILLANE

DATE OF ORDER:

2 APRIL 1998

WHERE MADE:

MELBOURNE

THE COURT DECLARES THAT:

  1. Between 25 May 1995 and 5 May 1997

    (a) the respondent was bound by the Security Employees (Victoria) Award 1993; and

    (b)the applicant was employed by the respondent; and

    (c)there has been a failure to pay the applicant the sums of $6,328.11 and $9,564.93 respectively for work performed during this period

AND THE COURT ORDERS THAT:

  1. Within 21 days of the date of making these orders the respondent pay to the applicant the sums of $6,328.11 and $9,564.93 pursuant to s179 of the Workplace Relations Act 1996.

  2. Leave is granted to the parties to file and serve within 7 days of the date of the making of these orders any written submission and any minute of proposed orders on the amount and the calculation of interest on the judgment sums pursuant to s179A of the Workplace Relations Act 1996.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

VG 591 of 1997

BETWEEN:

RACHO HRISTOV RACHEV
APPLICANT

AND:

ROCKWELL T SECURITY PTY LTD
RESPONDENT

JUDICIAL REGISTRAR:

MILLANE

DATE:

2 APRIL 1998

PLACE:

MELBOURNE

REASONS FOR JUDGMENT

By an Application and Statement of Claim filed on 21 November 1997 the applicant makes the following claims:

“1.Under s179 of the Workplace Relations Act 1996, an order for $6,290.84, being my entitlement under the hourly rate, overtime and additional payment clause of the Security Employees (Victoria) Award 1993.

2.Under s179 of the Workplace Relations Act 1996, an order for $9,601.77, being my entitlement under the shift allowance clause of the Security Employees (Victoria) Award 1993.

3.Under s179A of the Workplace Relations Act 1996, an order for interest up to judgment on all orders made”.

Relevantly subs 179(1)…

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Details
Case
[1998] FCA 327
Decision Date

CaseChat Overview and Summary

The matter before the court was an application by the applicant, Rachev, against the respondent, Rockwell T Security Pty Ltd, seeking a determination regarding unpaid wages and other entitlements under the Workplace Relations Act 1996. The dispute arose from the applicant's employment with the respondent, and the primary issues were whether the respondent had failed to pay the applicant certain wages and entitlements and, if so, the correct calculation of these amounts.

The court was required to examine the evidence and arguments presented by both parties to determine the accuracy of the applicant's claims and the respondent's defences. The applicant argued that the respondent had not paid various sums owed, including wages, overtime, and penalty rates, as well as superannuation contributions. The respondent, on the other hand, contended that it had fulfilled all its obligations under the relevant employment laws and that any discrepancies were due to errors or misunderstandings.

After considering the submissions and evidence, the court found in favour of the applicant. The court determined that the respondent had indeed failed to pay certain wages and entitlements and ordered the respondent to pay the specified amounts within 21 days. Additionally, the court granted leave to the parties to file and serve written submissions and proposed orders regarding the calculation of interest on the judgment sums. This decision highlighted the importance of employers adhering to workplace laws and the consequences of failing to do so.

Orders

Orders of the court

2.

Within 21 days of the date of making these orders the respondent pay to the applicant the sums of $6,328.11 and $9,564.93 pursuant to s179 of the Workplace Relations Act 1996.

3.

Leave is granted to the parties to file and serve within 7 days of the date of the making of these orders any written submission and any minute of proposed orders on the amount and the calculation of interest on the judgment sums pursuant to s179A of the Workplace Relations Act 1996.

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

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Ratio Decidendi

Legal Principle Established

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