Rickard v Cinalda Pty Ltd

The case of Rickard v Cinalda Pty Ltd involved a dispute over several breaches of employment conditions stipulated in the Bakers (Australian Capital Territory) Award 1980 by Cinalda Pty Ltd. The court was tasked with determining whether the respondent had contravened specific clauses of the Award and, if so, to impose appropriate penalties. The primary issues before the court were whether Cinalda Pty Ltd had failed to provide meal breaks, wage statements, over-clothing, and had not displayed a copy of the Award as required by the relevant clauses.

The court found that Cinalda Pty Ltd had indeed committed multiple breaches of the Award. Specifically, it had required certain employees to work more than five hours without a meal break, failed to provide written wage statements, neglected to supply over-clothing to several employees, and had not displayed a copy of the Award in a prominent place within the bakery. The court held that these breaches constituted a single course of conduct under section 119 of the Conciliation and Arbitration Act 1904. Consequently, the court imposed penalties of $500 for the meal break, wage statement, and over-clothing breaches, and a penalty of $250 for the failure to display the Award. The court also mandated that these penalties be paid into the Consolidated Revenue Fund within one month of the order.

In summary, the court held that Cinalda Pty Ltd had breached several clauses of the Bakers (Australian Capital Territory) Award 1980. It found that these breaches constituted a single course of conduct and imposed penalties accordingly. The court further ordered that these penalties be paid into the Consolidated Revenue Fund within one month of the decision.