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

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

The respondent contravened ss 305, 44, and 45 of the Fair Work Act 2009 (Cth) by failing to pay Ms Legg minimum hourly rates for ordinary hours worked, annual leave, annual leave loading, and personal leave; orders made for payment of underpayment, penalty interest, superannuation contributions, and remittal of penalty determination to the Federal Circuit Court.

Parties
Appellant: Australian Education Union; Respondent: Yooralla
Jurisdiction
Australia
Judgment Date
24 October 2019
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part; previous orders set aside; compensation, penalty interest, and superannuation ordered; penalty issue remitted.
Legal Topics
Fair Work Act Contraventions, Minimum Wage, Annual Leave, Personal Leave, Superannuation Contributions, Penalty Interest
Employment & Industrial Relations Fair Work Act Contraventions Minimum Wage Annual Leave Personal Leave Superannuation Contributions Penalty Interest

Case Brief

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Parties

Australian Education Union

Appellant

Yooralla

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether respondent contravened civil remedy provisions of Fair Work Act 2009 by failing to pay minimum hourly rates for ordinary hours worked, annual leave taken, annual leave loading, and personal leave taken
  2. 2 Appropriate compensation and penalty interest for underpayment
  3. 3 Entitlement to superannuation contribution

Ratio Decidendi

The respondent contravened ss 305, 44, and 45 of the Fair Work Act 2009 (Cth) by failing to pay Ms Legg minimum hourly rates for ordinary hours worked, annual leave, annual leave loading, and personal leave; orders made for payment of underpayment, penalty interest, superannuation contributions, and remittal of penalty determination to the Federal Circuit Court.

Court Disposition

Appeal allowed in part; previous orders set aside; compensation, penalty interest, and superannuation ordered; penalty issue remitted.

Orders

  • Respondent contravened civil remedy provisions: ss 305, 44, 45 Fair Work Act 2009 (Cth)
  • Appeal allowed in part