Australian Education Union v Yooralla (No 2) [2019] FCA 1749

FEDERAL COURT OF AUSTRALIA

Australian Education Union v Yooralla (No 2) [2019] FCA 1749 Appeal from: Australian Education Union v Yooralla [2018] FCCA 2758

File number: VID 1344 of 2018

Judge: STEWARD J

Date of judgment: 24 October 2019

Legislation: Fair Work Act 2009 (Cth)

Cases cited: August v Federal Commissioner of Taxation [2013] FCAFC 85; (2013) 94 ATR 376 Australian Education Union v Yooralla [2019] FCA 1511 CDJ v VAJ (1998) 197 CLR 172 Shannon v Commonwealth Bank of Australia (2014) 318 ALR 420

Date of hearing: Determined on the papers

Date of last submissions: 9 October 2019

Registry: Victoria

Division: Fair Work Division

National Practice Area: Employment & Industrial Relations

Category: No Catchwords

Number of paragraphs: 6

Counsel for the Appellant: Ms F Knowles

Solicitor for the Appellant: Mr M McIver of Australian Education Union

Counsel for the Respondent: Mr M G Rinaldi

Solicitor for the Respondent: DLA Piper

ORDERS VID 1344 of 2018

BETWEEN: AUSTRALIAN EDUCATION UNION Appellant

AND: YOORALLA Respondent

JUDGE: STEWARD J DATE OF ORDER: 24 OCTOBER 2019

THE COURT DECLARES THAT:

1. The Respondent contravened the following civil remedy provisions: (a) section 305 of the Fair Work Act 2009 (Cth) (the "FW Act") by failing to pay Erin Legg the minimum hourly rates for ordinary hours worked in contravention of clause 5.5 of the Equal Remuneration Order; (b) section 44 of the FW Act by failing to pay Ms Legg the minimum hourly rates for annual leave taken in contravention of s 90(1) of the FW Act; (c) section 45 of the FW Act by failing to pay Ms Legg the minimum hourly rates for annual leave loading in contravention of clause 31.3(a) of the Social, Community, Home Care and Disability Services Award 2010; (d) section 44 of the FW Act by failing to pay Ms Legg the minimum hourly rates for personal leave taken in contravention of s 99 of the FW Act.