Williams v Macmahon Mining Services Pty Ltd (No.3)

Case [2010] FMCA 49


FEDERAL MAGISTRATES COURT OF AUSTRALIA

WILLIAMS v MACMAHON MINING SERVICES PTY LTD (No.3) [2010] FMCA 49
INDUSTRIAL LAW – Civil penalty proceedings – penalty – factors for consideration – to whom penalty to be paid.
Crimes Act 1914 (Cth), s.4AA
Federal Magistrates Act 1999 (Cth), s.77(3)
Fair Work Act 2009 (Cth), ss.86-94
Workplace Relations Amendment (Work Choices) Act 2005
Workplace Relations Act 1996 (Cth), ss.3(c) & (f), 4(1), 173, 227, 232, 235(2), 318(1) and (2), 661, 718(1) and (2), 719(1), (2) and (4), 722, 723, 824, 841(b)
Workplace Relations Regulations 2006 (Cth), Chapter 2, reg. 14.5(1)
ACCC v IPM Operation and Maintenance Loy Yang Pty Ltd (No. 2) [2007] FCA 11
Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560; [2008] FCAFC 8
Balding v Ten Talents Pty Ltd & Anor (2007) 162 IR 17; [2007] FMCA 145
Carr v CEPU & Anor [2007] FMCA 1526
Cotis v Pow JuicePty Ltd [2007] FMCA 140
Fair Work Ombusdman v Bundy Market Meats Pty Ltd & Anor [2009] FMCA 994
Fair Work Ombudsman v Primrose Development Pty Ltd & Anor (2009) 183 IR 447; [2009] FMCA 632
Fair Work Ombudsman v The Palcon Group Pty Ltd [2009] FMCA 974
Gibbs v City of Altona (1992) 37 FCR 216
Hanssen Pty Ltd v Jones (2009) 179 IR 57; [2009] FCA 192
Jones v Hanssen [2008] FMCA 291
Kelly v Fitzpatrick (2007) 166 IR 14; [2007] FCA 1080
Klousia v TKM Investments Pty Ltd & Anor [2009] FMCA 208
Leighton Contractors v CFMEU (2006) 164 IR 375; [2006] WASC 317
Olsen v Sterling Crown Pty Ltd (2008) 177 IR 337; [2008] FMCA 1392
Ponzio v B&P Caelli Constructions Pty Ltd (2007) 158 FCR 543; [2007] FCAFC 65
Rajagopalan v BM Sydney Building Materials Pty Ltd [2007] FMCA 1412
Secretary, Department of Health & Ageing v Pagasa Australia Pty Ltd [2008] FCA 1545
Seven Network (Operations) Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (No. 2) (2001) 110 IR 372; [2001] FCA 672
Sharpe v Dogma Enterprises Pty Ltd [2007] FCA 1550
Williams v Macmahon Mining Services Pty Ltd (2009) 231 FLR 59; (2009) 182 IR 104; [2009] FMCA 511
Williams v Macmahon Mining Services Pty Ltd (No. 2) [2009] FMCA 763
Workplace Ombudsman v Golden Maple Pty Ltd (2009) 186 IR 211; [2009] FMCA 664
Workplace Ombudsman v KSN Engineering Pty Ltd (2009) 185 IR 316; [2009] FMCA 538
Applicant: ADRIAN CLIFFORD WILLIAMS
Respondent: MACMAHON MINING SERVICES PTY LTD
File Number: PEG 83 of 2008
Judgment of: Lucev FM
Hearing date: 30 November 2009
Date of Last Submission: 30 November 2009
Delivered at: Perth
Delivered on: 29 January 2010

REPRESENTATION

Counsel for the Applicant: Mr D H Schapper
Solicitors for the Applicant: Derek Schapper
Counsel for the Respondent: Mr T H F Casperz and Ms R Harding
Solicitors for the Respondent: Jackson McDonald

ORDERS

  1. The respondent pay a pecuniary penalty of $14,850.00 for contravention of sections 232 and 235(2) of the Workplace…

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AGLC
Williams v Macmahon Mining Services Pty Ltd (No.3) [2010] FMCA 49
Case
[2010] FMCA 49
Decision Date

CaseChat Overview and Summary

Williams, a former employee, filed a claim against Macmahon Mining Services Pty Ltd in the Federal Magistrates Court, citing breaches of workplace relations legislation. Williams alleged that the company failed to provide him with a payment summary, as required by the Workplace Relations Act 1996 (Cth), and subsequently did not compensate him for unpaid wages, constituting a contravention of sections 232 and 235(2) of the Act. The central legal issues the court had to address were whether the respondent had indeed breached the Act by failing to provide the requisite payment summaries and by not remitting unpaid wages, and if so, what penalties should be imposed.

In its analysis, the court reviewed the legislative framework and the evidence presented by both parties. It determined that the respondent had indeed contravened the statutory obligations by not providing the payment summaries and by failing to compensate the applicant for the unpaid wages. The court noted that the respondent's conduct was deliberate and constituted a serious breach of the legislative provisions designed to protect employees' rights. The court also considered the need for deterrence and to uphold the integrity of the workplace relations system. Consequently, the court found the respondent liable and ordered it to pay a pecuniary penalty of $14,850.00 for the contravention of sections 232 and 235(2) of the Act. Additionally, the court ordered the respondent to pay interest on a previously ordered sum of $8,067.69, amounting to $1,187.56, to be paid by a specified date.

The court issued orders for the respondent to pay the pecuniary penalty to the applicant by a set deadline. Furthermore, it mandated that the respondent pay interest on a prior order to the applicant by the same date. This comprehensive ruling underscored the importance of compliance with workplace relations laws and the court's commitment to enforcing them to safeguard employees' rights.

Orders

Orders of the court

1.

The respondent pay a pecuniary penalty of $14,850.00 for contravention of sections 232 and 235(2) of the Workplace Relations Act 1996 (Cth).

2.

The penalty imposed by Order (1) above to be paid by the respondent to the applicant on or before 26 February 2010.

3.

The respondent pay to the applicant interest pursuant to sections 722 and 723 of the WR Act on the sum of $8,067.69 ordered to be paid to the applicant by the respondent by this Court on 14 August 2009 in the amount of $1,187.56 on or before 26 February 2010.

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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