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
APPLICANTAND:
ROCKWELL T SECURITY PTY LTD
RESPONDENTJUDICIAL REGISTRAR:
MILLANE
DATE OF ORDER:
2 APRIL 1998
WHERE MADE:
MELBOURNE
THE COURT DECLARES THAT:
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:
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.
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
APPLICANTAND:
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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- Case
- [1998] FCA 327
- Decision Date
CaseChat Overview and Summary
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
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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