Australian Liquor, Hospitality & Miscellaneous Workers Union v Dimension Cleaning Service Pty Ltd [1999] FCA 90

FEDERAL COURT OF AUSTRALIA

Australian Liquor, Hospitality & Miscellaneous Workers Union v Dimension Cleaning Service Pty Ltd [1999] FCA 90 INDUSTRIAL LAW - failure to include prescribed particulars in payslips - penalty - no evidence of underpayment - no complaint from any employee - costs - motion for permanent stay - motion unsuccessful - whether motion a separate proceeding - held motion a matter in a proceeding under the Act - s 347 - proceeding not instituted vexatiously or without reasonable cause Workplace Relations Act 1996 (Cth) ss 347, 353A Thompson v Hodder (1989) 21 FCR 467 followed Shackley v The Australian Croatian Club (1997) 41 AILR 3-530 cited Fencott v Muller (1983) 152 CLR 570 followed Phillip Morris v Adam P. Brown Male Fashions Pty Ltd (1981) 148 CLR 457 cited Viner v ABCE&BLF (1981) 38 ALR 550 cited R v Moore & Ors ex parte Federated Miscellaneous Workers Union of Australia (1978) 140 CLR 470 cited Municipal Officers Association of Australia v The Shire of Wanneroo (1985) 27 AILR 361 cited Gibbs v City of Altona (1988) 42 IR 255 considered

AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION v DIMENSION CLEANING SERVICE PTY LTD VG 595 of 1997

Ryan JR Melbourne 12 February 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 595 OF 1997

BETWEEN: AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION

PROSECUTOR

AND: DIMENSION CLEANING SERVICE PTY LTD

DEFENDANT

JUDICIAL REGISTRAR: RYAN

DATE OF ORDER: 12 FEBRUARY 1999

WHERE MADE: MELBOURNE

THE COURT: 1. Orders that the order of 8 September 1998 that "the respondent pay the applicant's costs in respect of the Motion" be vacated. 2. Declares that the defendant failed to specify the relevant particulars required by reg 132B on the 180 occasions set out in the charges contained in the Information filed 23 October 1997. 3. Orders the defendant to pay a penalty of $10 in respect of each of the 180 charges. 4. Orders that each penalty of $10, in aggregate $1800, be paid to the Australian Liquor, Hospitality and Miscellaneous Workers Union pursuant to s 356 of the Act. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.