Australian Liquor, Hospitality & Miscellaneous Workers Union v Dimension Cleaning Service Pty Ltd [1999] FCA 90

Australian Liquor, Hospitality & Miscellaneous Workers Union v Dimension Cleaning Service Pty Ltd [1999] FCA 90

The motion to permanently stay the Workplace Relations Act prosecution was not completely separate and distinct from the matter attracting federal jurisdiction; it was a proceeding in a matter arising under the Act. Because the motion was not vexatious or instituted without reasonable cause, s 347 barred a costs order and the earlier costs order had to be vacated. The 180 proved breaches of reg 132B warranted penalties because the regulatory obligations were serious, but only small penalties were appropriate given the absence of evidence of underpayment or employee complaint, the lack of flagrant breach, and the defendant's steps to implement a new payroll system.

Jurisdiction
Australia
Judgment Date
12 February 1999
Procedural Posture
Industrial Law Prosecution by Information Alleging Failures to Include Prescribed Particulars in Payslips / Determination of Penalty and Costs After Dismissal of Motion for Permanent Stay and Plea to 180 Charges
Outcome
Costs order vacated; breaches declared; defendant ordered to pay penalties of $10 for each of 180 charges, aggregating $1,800, payable to the union.
Legal Topics
['payslip Particulars' 'workplace Relations Regulations' 'civil Penalties' 'permanent Stay for Abuse of Process' 'costs in Proceedings Arising Under the Workplace Relations Act 1996 (cth)']
['industrial Law' 'employment Law' 'costs' 'civil Procedure'] ['payslip Particulars' 'workplace Relations Regulations' 'civil Penalties' 'permanent Stay for Abuse of Process' 'costs in Proceedings Arising Under the Workplace Relations Act 1996 (cth)']

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Procedural Posture

Industrial Law Prosecution by Information Alleging Failures to Include Prescribed Particulars in Payslips / Determination of Penalty and Costs After Dismissal of Motion for Permanent Stay and Plea to 180 Charges

Legal Issues

  1. 1 ['Whether the unsuccessful motion for a permanent stay was a proceeding in a matter arising under the Workplace Relations Act 1996 (Cth) for the purposes of s 347.' 'Whether costs could be ordered in respect of the unsuccessful motion where the motion was not vexatious or instituted without reasonable cause.' 'What penalty should be imposed for 180 failures to specify particulars required by reg 132B on payslips.']

Ratio Decidendi

The motion to permanently stay the Workplace Relations Act prosecution was not completely separate and distinct from the matter attracting federal jurisdiction; it was a proceeding in a matter arising under the Act. Because the motion was not vexatious or instituted without reasonable cause, s 347 barred a costs order and the earlier costs order had to be vacated. The 180 proved breaches of reg 132B warranted penalties because the regulatory obligations were serious, but only small penalties were appropriate given the absence of evidence of underpayment or employee complaint, the lack of flagrant breach, and the defendant's steps to implement a new payroll system.

Court Disposition

Costs order vacated; breaches declared; defendant ordered to pay penalties of $10 for each of 180 charges, aggregating $1,800, payable to the union.

Orders

  • ['Orders that the order of 8 September 1998 that "the respondent pay the applicant\'s costs in respect of the Motion" be vacated.' 'Declares that the defendant failed to specify the relevant particulars required by reg 132B on the 180 occasions set out in the charges contained in the Information filed 23 October...