Stratton Finance Pty Limited v Webb (No 2) [2014] FCAFC 161

FEDERAL COURT OF AUSTRALIA

Stratton Finance Pty Limited v Webb (No 2) [2014] FCAFC 161 Citation: Stratton Finance Pty Limited v Webb (No 2) [2014] FCAFC 161

Appeal from: Webb v Stratton Finance Pty Ltd [2013] FCCA 2197 Webb v Stratton Finance Pty Ltd [2014] FCCA 924

Parties: STRATTON FINANCE PTY LIMITED v JOHN WEBB

File number: NSD 374 of 2014

Judge(s): ALLSOP CJ, SIOPIS J AND FLICK J

Date of judgment: 1 December 2014

Catchwords ORDERS AND COSTS – no question of principle Legislation: Fair Work Act 2009 (Cth) Workplace Relations Act 1996 (Cth)

Date of hearing: 08 August 2014

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 7

Counsel for the Appellant: Mr M Pesman SC

Solicitor for the Appellant: Norton Rose Fullbright

Counsel for the Respondent: Mr M White SC and Mr C Cassimatis

Solicitor for the Respondent: Attwood Marshall Lawyers

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 374 of 2014

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

BETWEEN: STRATTON FINANCE PTY LIMITED

Appellant

AND: JOHN WEBB

Respondent

JUDGE: ALLSOP CJ, SIOPIS J AND FLICK J DATE OF ORDER: 1 December 2014 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The cross-appeal be allowed. 2. The appeal in respect of penalties and costs be allowed in part. 3. Order 1 made by the Federal Circuit Court on 2 April 2014 and orders 1 and 3 made by the Federal Circuit Court on 9 May 2014 be set aside, and, in lieu thereof, in addition to the subsisting declarations 1-8 made by the Federal Circuit Court on 2 April 2014, and in addition to order 2 made by the Federal Circuit Court on 9 May 2014, it be ordered that: (a) The appellant pay the respondent $117,764.49 on account of unpaid commission, within 14 days. (b) The appellant pay the respondent superannuation on the amount set out in order 3(a) (by payment to AMP Flexible Lifetime Super) in the amount of $10,598.80 within 14 days. (c) The appellant pay the respondent $58,630.00 in penalties for contravening the Fair Work Act 2009 (Cth) and the Workplace Relations Act 1996 (Cth) as set out at [76] of the judgment dated 2 September 2014. (d) The appellant pay the respondent interest (calculated as at 17 October 2014) on the amounts in 3(a) and 3(b) in the sum of $44,899.12 with a daily rate thereafter of $41.82. (e) The appellant pay the respondent's costs of the proceedings before the Federal Circuit Court on: (i) an indemnity basis in respect of the costs incurred for claims made by the respondent under the Fair Work Act 2009 (Cth); and (ii) on a party/party basis in respect of all other costs. 4. The appellant pay the respondent's costs of the cross-appeal as assessed or agreed. 5. The appellant pay one half of the respondent's costs of the appeal as assessed or agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.