Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ardelle v Spastic Society of Victoria Ltd [2000] FCA 1429
INDUSTRIAL LAW - alleged underpayment of wages - whether respondent committed a breach or non - observance of the Health Services Union of Australia (Private Sector) Interim Award 1993 and the Health (Residential Care – Victoria) Award 1995 - interpretation of applicable awards - alleged repudiation of employment contract - whether, by failing to pay the applicants in accordance with the applicable awards, the respondent repudiated the contracts of employment between it and each applicant - whether applicants consequently entitled to termination pay Workplace Relations Act 1996 (Cth) s178 Employee Relations Act 1992 (Vic) Health Services Union of Australia (Private Sector) Interim Award 1993 Health (Residential Care – Victoria) Award 1995 City of Wanneroo v Holmes (1989) 30 IR 362 followed
Toyota Motor Corporation Australia Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (1999) 93 IR 95, [1999] FCA 1471 applied
Canberra Television Ltd v Australian Theatrical and Amusement Employees Association (1979) 24 ALR 529 referred to
KIMRAY ARDELLE AND GERALDINE ARDELLE v SPASTIC SOCIETY OF VICTORIA LTD (ACN 004 280 871)
V 507 of 1999 MARSHALL J MELBOURNE 20 OCTOBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 507 of 1999
BETWEEN: KIMRAY ARDELLE
FIRST APPLICANT
GERALDINE ARDELLE
SECOND APPLICANT
AND: SPASTIC SOCIETY OF VICTORIA LTD
(ACN 004 280 871)
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 20 OCTOBER 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. It is declared that the respondent has committed a breach or non-observance of the Health Services Union of Australia (Private Sector) Interim Award 1993 ("the 1993 Award") by failing to pay the applicants between 20 December 1993 and 2 August 1995 in accordance with clause 6 of the former Residential Child Care Workers Award of the Industrial Relations Commission of Victoria.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate