United VOICE v Grill'd CAMBERWELL

United Voice (the applicant) brought proceedings against Grill'd CAMBERWELL (the respondent) in the Federal Court of Australia. The dispute concerned allegations that the respondent had contravened section 357 of the *Fair Work Act 2009* (Cth) by failing to make an employee whole for loss suffered as a result of the respondent's contravention of a modern award. Specifically, the applicant alleged that the respondent had contravened clause 14.2 of the *Fast Food Industry Award 2010* by failing to pay an employee, Mr. K. Vella, the correct minimum rate of pay for work performed as a trainee.

The primary legal issue before the Court was whether the respondent had contravened section 357 of the *Fair Work Act 2009* (Cth). This section requires an employer to make an employee whole for any loss suffered as a result of the employer's contravention of a provision of a modern award or enterprise agreement. To determine this, the Court needed to ascertain whether the respondent had indeed contravened clause 14.2 of the *Fast Food Industry Award 2010* by underpaying Mr. Vella, and if so, whether the applicant had established the quantum of loss suffered by Mr. Vella as a result of that contravention.

Judge Burchardt found that the respondent had contravened clause 14.2 of the *Fast Food Industry Award 2010* by failing to pay Mr. Vella the correct minimum rate of pay for work performed as a trainee. The Court reasoned that the respondent's interpretation of the award provisions relating to trainee rates was incorrect, leading to the underpayment. Consequently, the Court determined that the respondent had contravened section 357 of the *Fair Work Act 2009* (Cth) by failing to make Mr. Vella whole for the loss suffered due to this underpayment. The Court ordered the respondent to pay the applicant the sum of $1,999.99, representing the amount by which Mr. Vella had been underpaid.