Textile, Clothing & Footwear Union of Australia v Bellhop [1999] FCA 1095

FEDERAL COURT OF AUSTRALIA

Textile, Clothing & Footwear Union of Australia v Bellhop [1999] FCA 1095

INDUSTRIAL LAW – whether respondent company obliged to make superannuation contributions in accordance with relevant Commonwealth legislation and applicable award – whether appropriate to impose penalty on the respondents. Workplace Relations Act 1996 (Cth)ss178, 356(b). TEXTILE, CLOTHING & FOOTWEAR UNION OF AUSTRALIA v BELLHOP PTY LTD (ACN 006 964 683) and JACQUELINE YVONNE JOOSSE and WOLTER JOOSSE V 192 of 1999 MARSHALL J 23 JULY 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 192 OF 1999

BETWEEN: TEXTILE CLOTHING & FOOTWEAR UNION OF AUSTRALIA

Applicant

AND: BELLHOP PTY LTD (ACN 006 964 683)

First Respondent

JACQUELINE YVONNE JOOSSE

Second Respondent

WOLTER JOOSSE

Third Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 23 JULY 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. It is declared that the first respondent has committed breaches or non‑observances of cl 50 of the Textile Industry Award (1994) ("the Award") by failing to make contributions to the Australian Retirement Fund ("the ARF") in respect of each of the persons named in the schedule attached hereto for the periods referred to therein. 2. A penalty of $2500 be imposed on the first respondent in respect of the breaches or non-observances of cl 50 of the Award referred to in paragraph 1 above. 3. It is declared that the second and third respondents have each committed breaches or non-observances of the order of the Australian Industrial Relations Commission dated 5 February 1999 and contained in Print R1646 ("the Order of the Commission").

4. A penalty of $50 be imposed on the second respondent for the breaches or non-observances of the Order of the Commission. 5. A penalty of $3450 be imposed on the third respondent for breaches or non-observances of the Order of the Commission. 6. Pursuant to s 356(b) of the Act each penalty referred to in paragraphs 2, 4 and 5 hereof be payable to the Union within 21 days of the date of this Order. 7. The first respondent shall, within 21 days of the making of this Order, make a payment to the ARF in respect of each of the persons listed in Schedule A to this Order for the purpose of restoring each such person, as far as is practicable, to the position in which they would have been in had the first respondent not failed to make contributions to the ARF in respect to each of them. Such payments shall be made in accordance with the first set of calculations contained in Exhibit B in this proceeding which is reproduced at Schedule B to this Order. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.