Leemon & Anor v Treasure Books Australia Pty Ltd [1997] FCA 879

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW - ENFORCEMENT OF AWARD - whether matter was subject of an AWARD as a result of CONSENT ARBITRATION - whether service effected - whether compliance with Award - interest upon unpaid amount - Workplace Relations Act 1996 ss170EC, 170ECB Federal Court Rules Or 35 r 8 LEEMON & ASU -V- TREASURE BOOKS AUST. PTY LTD VI 1392 of 1997 PARKINSON JR MELBOURNE 15 AUGUST 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VI 1392 of 1997 ) GENERAL DIVISION ) B E T W E E N: LEEMON Applicant AND: THE AUSTRALIAN SERVICES UNION Applicant AND: TREASURE BOOKS AUST. PTY LTD Respondent JUDICIAL REGISTRAR : PARKINSON PLACE : MELBOURNE DATED : 15 AUGUST 1997 MINUTES OF ORDER THE COURT DECLARES AND ORDERS THAT: 1. The respondent is in breach of an agreement made by it pursuant to Section 170EC of the Workplace Relations Act 1996. 2. Pursuant to Subsection 170ECB(1) of the Workplace Relations Act, 1996, the respondent pay to the applicant the sum of $11,667.00. 3. The respondent pay to the applicant the sum of $452.62 being interest pursuant to Order 35 Rule 8 of the Federal Court Rules. 4. Time for compliance with the Orders 3 & 4 herein is 7 days from the date of this Order. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VI 1392 of 1997 ) GENERAL DIVISION ) B E T W E E N: LEEMON Applicant AND: THE AUSTRALIAN SERVICES UNION Applicant AND: TREASURE BOOKS AUST. PTY LTD Respondent JUDICIAL REGISTRAR : PARKINSON PLACE : MELBOURNE DATED : 15 AUGUST 1997 REASONS FOR JUDGMENT (delivered ex-tempore) This is a decision in relation to an application made pursuant to Section 170ECB of the Workplace Relations Act 1996 ('the Act'). The application before the Court is for the enforcement of an agreement made between the parties to comply with the terms of an Award made in a Consent Arbitration pursuant to s170EC(1) of the Act. There was no appearance for the respondent at the hearing of this matter. The applicant's counsel tendered the extract of certified mail receipt identifying the service of the notice of proceedings, together with the relevant documents upon the respondent. On 6 August, 1997, I adjourned the proceedings, for the purpose of the provision of satisfactory evidence of service to be provided by the applicant.