Frearson, Vicki June v The Minister for Public Sector Management on Behalf of the Crown in the Right of Tasmania [1998] FCA 416

FEDERAL COURT OF AUSTRALIA INDUSTRIAL RELATIONS - breach of Teaching Service (Tasmanian Public Sector) Award 1995 - whether cl 16 of award applicable to part-time employees - incremental salary increase -inconsistency between federal award and state regulations - whether entitled to underpayments before commencement of award - penalty

Tasmanian State Service Regulations 1985 (Tas) reg 606(2) Tasmanian State Service Act 1984 (Tas) ss 3, 81 Acts Interpretation Act 1931 (Tas) s 5(2) Industrial Relations Act 1988 (Cth) ss 38, 155 Workplace Relations Act 1996 (Cth) ss 152, 178(4)(a) Constitution 1901 (Cth) s 109 Teaching Service (Tasmanian Public Sector) Award 1995 cl 5, 6, 16, sch 1 Teaching Service (Teaching Staff) Award 1993 cl 18 Pickard v John Heine & Son Ltd (1924) 35 CLR 1 applied In the Matter of a Referral from Anomalies Conference No 6 to Vary the Teaching Service (Teaching Staff) Award TA 20 of 1987 Re: Rates of Pay for Part-time, Casual and Temporary Teachers referred to Printing & Kindred Industries Union v Davies Bros Ltd (1986) 18 IR 444 referred to Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 applied VICKI JUNE FREARSON v THE MINISTER FOR PUBLIC SECTOR MANAGEMENT ON BEHALF OF THE CROWN IN THE RIGHT OF TASMANIA NO. TG 16 of 1997 JUDGE: HEEREY J DATE: 22 APRIL 1998 PLACE: HOBART (heard in Melbourne)

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY TG 16 of 1997

BETWEEN: Vicki June Frearson

Applicant

AND: The Minister for Public Sector Management on Behalf of the Crown in the Right of Tasmania

Respondent

JUDGE: HEEREY J

DATE: 22 APRIL 1998

PLACE: HOBART (heard in melbourne)

THE COURT ORDERS THAT: 1. The respondent pay the applicant $2,425.99. 2. A penalty of $1500 be imposed on the respondent. 3. The respondent pay the said sum of $1500 to the applicant. 4. The respondent pay to the applicant interest on the said sums of $2,425.99 and $1500 in an amount agreed upon or in default of agreement to be fixed by a Registrar or Judicial Registrar. 5. Liberty to apply reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.