Australian Education Union v Council of the Western Melbourne Institute of TAFE [1998] FCA 816

FEDERAL COURT OF AUSTRALIA

INDUSTRIAL LAW – whether breach of Award – Award limitation on maximum number of teaching duty hours – pro-rata calculation of maximum in relation to employees employed for less than the full teaching year – appropriate formula to calculate pro–rata maximum -whether appropriate to impose penalty. Federal Court of Australia Act 1976 (Cth), s 18AC

Workplace Relations Act 1996 (Cth), s 178

TAFE Teachers' Conditions of Employment (Victoria) Interim Award 1994

AUSTRALIAN EDUCATION UNION v COUNCIL OF THE WESTERN MELBOURNE INSTITUTE OF TAFE VG 258 of 1997 MARSHALL J MELBOURNE 14 JULY 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 258 of 1997

BETWEEN: AUSTRALIAN EDUCATION UNION

Applicant

AND: COUNCIL OF THE WESTERN MELBOURNE INSTITUTE OF TAFE

Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 14 jULY 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. It is declared that the respondent has committed a breach or non-observance of cl. 3.6.1 of the TAFE Teachers' Conditions of Employment (Victoria) Interim Award 1994 ("the Award") by failing to pay to Ms Gabriella Pretto for teaching duty hours worked by her in excess of her maximum teaching duty hours. .

2. It is declared that the respondent has committed a breach or non-observance of cl. 3.6.3 of the Award by failing to make the payment required by cl. 3.6.1 of the Award within a fortnight following the roster period in which such excess hours were worked.

3. Pursuant to ss 178(6) and 179A(1) of the Workplace Relations Act 1996 (Cth) ("the Act") the respondent shall pay to Ms Gabriella Pretto the sum of $2,564.96 plus $394.02 interest within 21 days of the making of this order.

4. Pursuant to s 178(1) of the Act a penalty of $200 is imposed on the respondent in respect of the breach of the Award referred to in paragraph 1 hereof.