Maranoa Close (Management) Pty Ltd v Gould [2011] FCA 234

FEDERAL COURT OF AUSTRALIA

Maranoa Close (Management) Pty Ltd v Gould [2011] FCA 234 Citation: Maranoa Close (Management) Pty Ltd v Gould [2011] FCA 234

Appeal from: Gould v Maranoa Close (Management) Pty Ltd, Magistrates Court of Victoria, 4 June 2010 and 10 June 2010

Parties: MARANOA CLOSE (MANAGEMENT) PTY LTD v RONALD JOHN GOULD and CHRISTINA ANNE GOULD

File number: VID 581 of 2010

Judge: MARSHALL J

Date of judgment: 17 March 2011

Catchwords: INDUSTRIAL LAW—Entitlement of employees to the benefit of provisions contained in an industrial award—Breaches of the award — Whether the judgment from the Magistrates Court of Victoria was correct in finding that the award applied to the employment of the employees—Whether the exercise of the Magistrate's discretion in imposing a penalty of $45,000 on the employer was appropriate. Held— The award did apply to the employment of the employees. No error found in the awarding of penalty.

Legislation: Commonwealth Constitution s 122 Commonwealth Powers (Industrial Relations) Act 1996 (Vic) s 4 (2) Health and Allied Services – Private Sector Victoria Consolidated Award 1998 Workplace Relations Act 1996 (Cth) ss 141, 493A

Cases cited: QR Limited v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2010] FCAFC 150 Re Grimshaw; ex parte Australian Telephone and Phonogram Officers Association (1986) 60 ALJR 588 R v Isaac; ex parte Transport Workers Union of Australia (1985) 159 CLR 323 Spalding v Can't Tear 'Em Pty Ltd [1999] FCA 1222