Leemon & Anor v Treasure Books Australia Pty Ltd [1997] FCA 879

Leemon & Anor v Treasure Books Australia Pty Ltd [1997] FCA 879

Because service was effected or taken to have been effected, the Award arose from a Consent Arbitration by the Australian Industrial Relations Commission with the parties' consent, and the respondent had not paid the amount ordered, the respondent was in breach of the agreement and the Court would enforce it under s170ECB(1) by ordering payment of the award amount and interest.

Jurisdiction
Australia
Judgment Date
15 August 1997
Procedural Posture
Application Pursuant to Section 170 ECB of the Workplace Relations Act 1996 for Enforcement of an Agreement to Comply With an Award Made in a Consent Arbitration / Reasons for Judgment and Orders After Hearing; No Appearance for the Respondent
Outcome
Application granted; respondent declared in breach and ordered to pay the award amount and interest within 7 days.
Legal Topics
['enforcement of Award' 'consent Arbitration' 'service of Proceedings' 'interest on Unpaid Award Amount']
['industrial Law' 'workplace Relations'] ['enforcement of Award' 'consent Arbitration' 'service of Proceedings' 'interest on Unpaid Award Amount']

Case Brief

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Procedural Posture

Application Pursuant to Section 170 ECB of the Workplace Relations Act 1996 for Enforcement of an Agreement to Comply With an Award Made in a Consent Arbitration / Reasons for Judgment and Orders After Hearing; No Appearance for the Respondent

Legal Issues

  1. 1 ['Whether service of the notice of proceedings and relevant documents was effected on the respondent' 'Whether the matter was the subject of an Award as a result of a Consent Arbitration conducted by the Australian Industrial Relations Commission by consent of the parties' 'Whether the respondent failed to comply with the terms of the Award' 'Whether the applicant was entitled to enforcement under s170ECB of the Workplace Relations Act 1996 and interest under Order 35 Rule 8 of the Federal Court Rules']

Ratio Decidendi

Because service was effected or taken to have been effected, the Award arose from a Consent Arbitration by the Australian Industrial Relations Commission with the parties' consent, and the respondent had not paid the amount ordered, the respondent was in breach of the agreement and the Court would enforce it under s170ECB(1) by ordering payment of the award amount and interest.

Court Disposition

Application granted; respondent declared in breach and ordered to pay the award amount and interest within 7 days.

Orders

  • ['The respondent is in breach of an agreement made by it pursuant to Section 170EC of the Workplace Relations Act 1996.' 'Pursuant to Subsection 170ECB(1) of the Workplace Relations Act 1996 the respondent pay to the applicant the sum of $11,667.00.' 'The respondent pay to the applicant the sum of $452.62 being...