Ardelle v Spastic Society of Victoria Ltd [2001] FCA 220

FEDERAL COURT OF AUSTRALIA

Ardelle v Spastic Society of Victoria Ltd [2001] FCA 220

INDUSTRIAL LAW – underpayment of wages – 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 – imposition of penalties pursuant to s178 of the Workplace Relations Act 1996 (Cth) – payment of underpayment pursuant to s178(6) of the Workplace Relations Act 1996 (Cth)– appropriate amount of interest payable pursuant to s179A of the Workplace Relations Act 1996 (Cth) Workplace Relations Act 1996 (Cth) ss178, 179, 356(b)

Health Services Union of Australia (Private Sector) Interim Award 1993

Health (Residential Care - Victoria) Award 1995

Federal Court of Australia Act 1976 (Cth) s51A

Penalty Interest Rates Act 1983 (Vic)

Ardelle v Spastic Society of Victoria [2000] FCA 1429 referred to

Spastic Society of Victoria Ltd v Ardelle [2001] FCA 70 referred to

Batchelor v Burke (1981) 148 CLR 448 applied KIMRAY ARDELLE AND GERALDINE ARDELLE v SPASTIC SOCIETY OF VICTORIA LTD V 507 OF 1999 MARSHALL J MELBOURNE 13 MARCH 2001

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

RESPONDENT JUDGE: MARSHALL J

DATE OF ORDER: 13 MARCH 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Pursuant to s178(1) of the Workplace Relations Act 1996 (Cth) ("the Act"), a penalty of $200 be imposed on the respondent in respect of the breaches of the Health Services Union of Australia (Private Sector) Interim Award 1993 ("the 1993 Award") identified in the reasons for judgment delivered today and in the reasons delivered on 20 October 2000. 2. Pursuant to s178(1) of the Act, a penalty of $1,800 be imposed on the respondent in respect of the breaches of the Health (Residential Care-Victoria) Award 1995 ("the 1995 Award") identified in the reasons for judgment delivered today and in the reasons delivered on 20 October 2000. 3. Pursuant to s178(6) of the Act, the respondent pay the first applicant the sum of $53,774.58. 4. Pursuant to s178(6) of the Act, the respondent pay the second applicant the sum of $49,576.91. 5. Pursuant to s179A(1) of the Act, the respondent pay interest on each sum referred to in Orders 3 and 4 above at the rate of 6.5% from the date of each underpayment until 20 October 2000. 6. Pursuant to s356(b) of the Act, the respondent pay each applicant the sum of $1,000 in respect of the penalties ordered to be paid by it pursuant to Orders 1 and 2 above. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.