FEDERAL MAGISTRATES COURT OF AUSTRALIA
| WILLIAMS v MACMAHON MINING SERVICES PTY LTD (No.2) | [2009] FMCA 763 |
| INDUSTRIAL LAW – Entitlement to annual leave – quantum of annual leave accrued – calculation of entitlement – nominal hours worked –whether employee worked specified number of hours per week – whether specified number of hours worked over a period – whether employee employed on a full-time basis. INDUSTRIAL LAW – Calculation of basic periodic rate of pay –– whether criteria in definition fulfilled. INDUSTRIAL LAW – Set off – whether calculable on evidence. WORDS AND PHRASES – “specified” – “specified number” – “specified number of hours per week” – “specified number of hours over a period”. WORDS AND PHRASES – “basic periodic rate of pay”. WORDS AND PHRASES – “reasonable overtime”. |
| Agricultural Holdings Act, 1948 (UK) s.2(1) Bankruptcy Act, 1914 (UK) Evidence Act 1995 (Cth), s.55 Income Tax Act, 1918 (UK) Workplace Relations Act 1996 (Cth), ss.173, 178, 201-222, 228, 229, 232, 233, 235(2), 245, 246, 507, 612 |
| AFMEPKIU v BHP Billiton Iron Ore Pty Ltd [2006] WAIR Comm 5467 Chambers Concise Dictionary (Chambers, 1991) The Oxford English Dictionary (2nd edn) (Oxford: Clarendon Press 1989) |
| Applicant: | Adrian Cliffford Williams |
| Respondent: | Macmahon Mining Services Pty Ltd |
| File Number: | PEG 83 of 2008 |
| Judgment of: | Lucev FM |
| Hearing date: | 29 June 2009 |
| Date of Last Submission: | 29 June 2009 |
| Delivered at: | Perth |
| Delivered on: | 14 August 2009 |
REPRESENTATION
| Counsel for the Applicant: | Mr D Schapper |
| Solicitors for the Applicant: | Derek Schapper Solicitors |
| Counsel for the Respondent: | Mr THF Caspersz and Ms R Harding |
| Solicitors for the Respondent: | Jackson McDonald |
ORDER
That the respondent pay the applicant the sum of $8067.69 for untaken accrued annual leave by 4.00pm on 14 September 2009.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT Perth |
PEG 83 of 2008
| Adrian Cliffford Williams |
Applicant
And
| Macmahon Mining Services… |
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- AGLC
- Williams v MacMahon Mining Services Pty Ltd (No.2) [2009] FMCA 763
- Case
- [2009] FMCA 763
- Decision Date
CaseChat Overview and Summary
The court had to determine whether Williams had worked a specified number of hours per week or over a period, and if these hours justified a full-time employment status for the purpose of annual leave entitlement. Additionally, the court needed to decide if Williams' basic periodic rate of pay was properly calculated according to the criteria outlined in the relevant industrial instrument. The issue of set-off was also considered, specifically whether it was possible to calculate such a set-off based on the evidence provided.
The court found that Williams had indeed worked a specified number of hours per week, leading to a full-time employment status. This finding was crucial in determining his annual leave entitlement. The court also concluded that Williams' basic periodic rate of pay was accurately calculated, aligning with the criteria in the definition. However, the court ruled that a set-off against overtime payments could not be calculated based on the evidence presented. As a result, the court made orders recognising Williams' correct annual leave entitlements and affirming the calculation of his basic periodic rate of pay. The decision did not permit a set-off against overtime payments.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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