United Voice v Lloyds Services Act Pty Ltd

FEDERAL COURT OF AUSTRALIA

United Voice v Lloyds Services ACT Pty Ltd [2017] FCA 1007

File number(s):

ACD 132 of 2015

Judge(s):

JAGOT J

Date of judgment:

1 September 2017

Catchwords:

INDUSTRIAL LAW – first and second respondents contravened provisions of the Fair Work Act 2009 (Cth) –pecuniary penalties under the Fair Work Act 2009 (Cth)

Legislation:

Fair Work Act 2009 (Cth) ss 50, 536, 345, 557

Cases cited:

Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; (2015) 326 ALR 476

Fair Work Ombudsman v Grouped Property Services Pty Ltd (No 2) [2017] FCA 557

Sayed v Construction, Forestry, Mining and Energy Union (2016) 239 FCR 336; [2016] FCAFC 4

United Voice v Phillip Cleaning Service Pty Ltd [2017] FCA 392

Date of hearing:

3 August 2017

Registry:

Australian Capital Territory

Division:

Fair Work Division

National Practice Area:

Employment & Industrial Relations

Category:

Catchwords

Number of paragraphs:

19

Counsel for the Applicants:

Mr O Fagir

Solicitor for the Applicants:

Mr S Russell-Uren of United Voice

Counsel for the Respondents:

Mr D Allen

Solicitor for the Respondents:

Kekatos Lawyers

ORDERS

ACD 132 of 2015

BETWEEN:

UNITED VOICE

First Applicant

NEEKA MWEE

Second Applicant

EH HTOO GYI (and others named in the Schedule)

Third Applicant

AND:

LLOYDS SERVICES ACT PTY LTD

First Respondent

ANGELO DI DIO

Second Respondent

JUDGE:	JAGOT J
DATE OF ORDER:	1 SEPTEMBER 2017

THE COURT ORDERS THAT:

1.The first respondent pay a pecuniary penalty of $110,000 for its contraventions of ss 50, 345(1) and 536(2)(b) of the Fair Work Act 2009 (Cth).

2.The second respondent pay a pecuniary penalty of $20,000 for his contraventions of ss 50, 345(1) and 536(2)(b) of the Fair Work Act 2009 (Cth).

3.The pecuniary penalties be paid to the first applicant, United Voice, within 28 days.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

JAGOT J:

1. These reasons for judgment concern penalties to be imposed on the respondents for contraventions of the Fair Work Act 2009 (Cth) as found in my principal judgment, United Voice v Phillip Cleaning Service Pty Ltd [2017] FCA 392. At [50] of my principal judgment I found that:

   PCS and Mr Di Dio have each contravened:

   (1)s 50 of the Fair Work Act by:

   (a)failing to pay employees their ordinary rate of pay for their usual hours worked during each period of school holidays;

   (b)failing to have regard to the language skills of the fourth to sixth and eighth applicants in preparing their letters of appointment;

   (c)not providing any employee with an off-site induction; and

   (d)not paying the third, fourth, tenth, fourteen, fifteenth and twenty-second applicants a 17.5% loading on their ordinary pay in respect of the annual leave which they took in December 2015,

   in breach of a provision or provisions of the Phillip Cleaning Services and LHMU Clean Start Union Collective Agreement 2010 for ACT Government Schools which is an enterprise agreement within the meaning of s…