Rachev v Rockwell T Security Pty Ltd [1998] FCA 327

FEDERAL COURT OF AUSTRALIA

INDUSTRIAL LAW - Breach of Award - failure to pay amounts to an employee under the Award - INDEPENDENT CONTRACTOR - whether applicant employed by respondent - AWARD - whether respondent a respondent to the Award

Workplace Relations Act 1996 s179, s179A, Security Employees (Victoria) Award 1993 Cornwill v Rockwell T Security Pty Ltd (unreported, IRCA, Millane JR, 1 November 1996), discussed. Paulino v Microantenna Services P/L, (unreported, IRCA, Millane JR, 11 December 1996), discussed. The Australian Commonwealth Shipping Board v The Federated Seamens Union of Australia and Others (1925) CLR 462, applied. Clothing and Allied Trades Union of Australia v J and J Saggio Clothing Manufacturers Pty Ltd (1990) 34 IR 26 and Nicol v Parr (1985) 11 IR 141) applied. Zuijs v Wirth Brothers Pty Ltd (1955) 93 CLR 561, followed. Stevens v Brodribb Sawmilling Company Pty Ltd,. (1985-1986) 160 CLR 16, followed. Porter; Re Transport Workers Union of Australia, 34 IR 179, followed. RACHO HRISTOV RACHEV v ROCKWELL T SECURITY PTY LTD VG 591 of 1997 MILLANE JR MELBOURNE 2 APRIL 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 591 of 1997

BETWEEN: Racho Hristov Rachev

Applicant

AND: Rockwell T Security Pty Ltd

Respondent

judicial registrar: MILLANE

DATE OF ORDER: 2 APRIL 1998

WHERE MADE: MELBOURNE

THE COURT DECLARES THAT: 1. Between 25 May 1995 and 5 May 1997 (a) the respondent was bound by the Security Employees (Victoria) Award 1993; and (b) the applicant was employed by the respondent; and (c) there has been a failure to pay the applicant the sums of $6,328.11 and $9,564.93 respectively for work performed during this period AND THE COURT ORDERS THAT: 2. Within 21 days of the date of making these orders the respondent pay to the applicant the sums of $6,328.11 and $9,564.93 pursuant to s179 of the Workplace Relations Act 1996. 3. Leave is granted to the parties to file and serve within 7 days of the date of the making of these orders any written submission and any minute of proposed orders on the amount and the calculation of interest on the judgment sums pursuant to s179A of the Workplace Relations Act 1996.