Legal Research
Cases
Sharpe v Dogma Enterprises Pty Ltd

Sharpe v Dogma Enterprises Pty Ltd

Link copied

Case Copied 3 October 2007 10 min read

Contents

On this page

FEDERAL COURT OF AUSTRALIA
Sharpe v Dogma Enterprises Pty Ltd [2007] FCA 1550
INDUSTRIAL LAW – employer concedes failure to pay the minimum rates of pay to a casual employee under the applicable award – parties agree to statement of facts – consideration of appropriate penalties for breaches
Workplace Relations Act 1996 (Cth), s 178
Workplace Relations Amendment (Work Choices) Act 2005 (Cth)
Kelly v Fitzpatrick [2007] FCA 1080 cited
Mason v Harrington Corporation Pty Ltd [2007] FMCA 7 cited
AMY CHAUNTELLE SHARPE v DOGMA ENTERPRISES PTY LTD ACN 102 225 972
ACD 28 OF 2007
GYLES J
3 OCTOBER 2007
CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

ACD 28 OF 2007

BETWEEN:

AMY CHAUNTELLE SHARPE
Applicant

AND:

DOGMA ENTERPRISES PTY LTD ACN 102 225 972
Respondent

JUDGE:

GYLES J

DATE OF ORDER:

3 OCTOBER 2007

WHERE MADE:

CANBERRA

THE COURT ORDERS THAT:
1.In relation to the contravention by the respondent of the terms of the Retail and Wholesale Industry – Shop Employees – Australian Capital Territory – Award 2000, as amended from time to time, by failing to pay Mr Nikola Zolotic (the employee) the minimum rate of pay applicable to a casual employee, the following penalties be imposed:
1.1For work performed during ordinary hours Monday to Friday: $3000

1.2      For work performed during ordinary hours on a Saturday: $4500
1.3      For work performed during ordinary hours on a Sunday: $3000
1.4      For work performed outside ordinary hours Monday to Saturday: $8000
1.5      For work performed outside ordinary hours on a Sunday: $4500
1.6      For work performed on a public holiday: $2000
A total, in all, of $25,000.
2.Payment of the penalties be deferred for a period of 90 days from 3 October 2007.

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

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

ACD 28 OF 2007

BETWEEN:

AMY CHAUNTELLE SHARPE
Applicant

AND:

DOGMA ENTERPRISES PTY LTD ACN 102 225 972
Respondent

JUDGE:

GYLES J

DATE:

3 OCTOBER 2007

PLACE:

CANBERRA

REASONS FOR JUDGMENT

On 16 August last, I made declarations that the respondent had contravened the terms of the Retail and Wholesale Industry – Shop Employees – Australian Capital Territory Award 2000 (the Award) by failing to pay Mr Nikola Zolotic (the Employee) the minimum rate of pay applicable to a casual employee in six particular circumstances. I also ordered that the respondent pay unpaid entitlements, including interest. Those orders were made by consent. I then stood the matter over for a hearing on penalty. That hearing took place yesterday.
The offences occurred between 22 March 2003 and 17 December 2005 in relation to six categories of circumstances. The breaches varied considerably in number and there were differences in distribution as between the various dates. That has some significance because, on 10 August 2004, the maximum penalty for each offence was raised from $10,000 to $33,000.
There has been argument as to what…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Sharpe v Dogma Enterprises Pty Ltd 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

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2007] FCA 1550
Decision Date: 3 October 2007

CaseChat Overview and Summary

In the case of Sharpe v Dogma Enterprises Pty Ltd, the respondent, Dogma Enterprises Pty Ltd, was accused of contravening the terms of the Retail and Wholesale Industry – Shop Employees – Australian Capital Territory – Award 2000 by failing to pay the minimum rate of pay to the employee, Nikola Zolotic, for various shifts worked. The dispute was brought before the court by Mr Sharpe, presumably on behalf of or for the benefit of the employee. The court was tasked with determining the appropriate penalties for the respondent's breaches of the award and whether the penalties should be deferred.

The primary legal issue before the court was to determine the penalties that should be imposed on Dogma Enterprises Pty Ltd for failing to pay the employee the minimum rate of pay as stipulated in the award. The court had to consider the specific rates and conditions outlined in the award and apply them to the various shifts worked by the employee to calculate the penalties for ordinary hours, weekend hours, after-hours shifts, and public holidays. Additionally, the court had to decide whether the penalties should be deferred, as requested by the respondent.

The court meticulously calculated the penalties based on the specific shifts worked by the employee and the rates outlined in the award. For ordinary hours on weekdays, the court imposed a penalty of $3000, and for ordinary hours on Saturdays, a penalty of $4500. For ordinary hours on Sundays, the penalty was set at $3000, while for work performed outside ordinary hours on weekdays, the penalty was $8000. For after-hours shifts on Saturdays and Sundays, the penalties were $4500 and $2000 respectively, and for work on a public holiday, the penalty was $2000. The total penalty imposed was $25,000. The court also granted the respondent's request to defer payment of the penalties for a period of 90 days from 3 October 2007.

In conclusion, the court ordered Dogma Enterprises Pty Ltd to pay a total penalty of $25,000 for the various breaches of the award. The payment of these penalties was deferred for a period of 90 days, starting from 3 October 2007.

Orders

Orders of the court

1. In relation to the contravention by the respondent of the terms of the Retail and Wholesale Industry – Shop Employees – Australian Capital Territory – Award 2000, as amended from time to time, by failing to pay Mr Nikola Zolotic (the employee) the minimum rate of pay applicable to a casual employee, the following penalties be imposed:

1.1 For work performed during ordinary hours Monday to Friday: $3000

1.2 For work performed during ordinary hours on a Saturday: $4500

1.3 For work performed during ordinary hours on a Sunday: $3000

1.4 For work performed outside ordinary hours Monday to Saturday: $8000

1.5 For work performed outside ordinary hours on a Sunday: $4500

1.6 For work performed on a public holiday: $2000

A total, in all, of $25,000.

2. Payment of the penalties be deferred for a period of 90 days from 3 October 2007.

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

GYLES J

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: GYLES J

Full text does not contain this section.

IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY	ACD 28 OF 2007

BETWEEN:	AMY CHAUNTELLE SHARPE Applicant
AND:	DOGMA ENTERPRISES PTY LTD ACN 102 225 972 Respondent

JUDGE:	GYLES J
DATE OF ORDER:	3 OCTOBER 2007
WHERE MADE:	CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY	ACD 28 OF 2007

JUDGE:	GYLES J
DATE:	3 OCTOBER 2007
PLACE:	CANBERRA