Thrift, Gina v Claredale Enterprises Pty Ltd

[1997] FCA 1583

FEDERAL COURT OF AUSTRALIA

EMPLOYMENT LAW - underpayment of wages - common rule award

Workplace Relations Act 1988 ss179, 179 A

GINA THRIFT V CLAREDALE ENTERPRISES P/L
No SA 1015 of 1997

L FARRELL JR
ADELAIDE
3 JUNE 1997

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	SA 1015  of   1997

BETWEEN:	GINA THRIFT Applicant
AND	CLAREDALE ENTERPRISES P/L Respondent
BEFORE:		JUDICIAL REGISTRAR L FARRELL
DATE OF ORDER:		3 JUNE 1997
WHERE MADE:		ADELAIDE

THE COURT ORDERS THAT:

The Respondent pay to the Applicant the sum of $5282.04 inclusive of interest within    14 days.

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

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	SA 1015 of 1997

BETWEEN:	GINA THRIFT Applicant
AND	CLAREDALE ENTERPRISES P/L Respondent

BEFORE:	JUDICIAL REGISTRAR L FARRELL
DATE:	3 JUNE 1997
PLACE:	ADELAIDE

REASONS FOR JUDGMENT
DELIVERED EX TEMPORE REVISED FROM TRANSCRIPT

This Application comes before the Court pursuant to the provisions of the Workplace Relations Act formerly known as the Industrial Relations Act. The Applicant claims that she was underpaid throughout her employment with the Respondent.

The Applicant was employed from 20 April 1995 until 14 September 1996 as a casual slicer.  The Respondent is a bakery known as  The Terrace Bakery trading in the Northern Territory.  The Terrace Bakery is a trading name of Claredale Enterprises Proprietary Limited.
The Baking and Pastrycooking Industry Northern Territory Award 1985 is a common rule award of the Federal Industrial Commission.  It is a common rule award within Northern Territory.  That award specifies the award rate that the Applicant was entitled to be paid for the duration of her employment.  The applicant was in fact only paid at the rate of $10 per hour.

The Applicant caused an investigation to take place by the Department of Industrial Relations in the Northern Territory and an affidavit of Mr Duncan McDonald, an Awards Officer, was put before me. In the affidavit  he set out the wages that the Applicant was entitled to pursuant to the Baking and Pastrycooking Industry Northern Territory Award.  I am satisfied that the amounts set out in the affidavit of Mr McDonald are the amounts to which the Applicant was entitled to be paid under the Award.  The total of that under-payment between April 1995 and September 1995 is the sum of $ 4302.01.

The Applicant in addition has put before me a calculation as to the interest that she is entitled to at the rate of 12 per cent.  I am satisfied that the calculation is correct and that the total amount the Applicant is entitled is the sum of $5,282.04.  The Respondent did not appear in this matter.  The Respondent was given the opportunity to be represented by telephone link and arrangements were made so that the Respondent would not need to have witnesses in Adelaide.  The Respondent did not take up that opportunity.  However, a defence was filed on 22 April 1997 in which the Respondent claimed that the Applicant was not a casual employee and that she was a permanent employee.

It is clear from the Applicant’s evidence that she was in fact a casual employee performing the duties covered by the Award and that she was not paid for accommodation in a flat arranged by the Respondent.  Those are the only substantive matters contained in the Respondent’s defence.  The Respondent has chosen not to defend the action and I accept the Applicant’s evidence in the matter.

I will order the respondent to pay to the applicant the sum of $5282.04 inclusive of interest within 14 days.  I will make no order as to costs

I certify that this and the preceding one (1) page are a true copy of my  Reasons for Judgment herein.

Dated:             3 June 1997

For the Applicant:	Herself
For the Respondent:	No Appearance
Date of Hearing:	3 June 1997
Date of Judgment:	3 June 1997