Annear v Spotless Facility Services Pty Ltd

Case [2015] FCCA 1335


FEDERAL CIRCUIT COURT OF AUSTRALIA

ANNEAR v SPOTLESS FACILITY SERVICES PTY LTD [2015] FCCA 1335
Catchwords:
INDUSTRIAL LAW – Adverse action – general protections application – application dismissed.

Legislation:

Fair Work Act 2009 (Cth) ss.340, 342, 343, 344, 345, 349, 351, 360, 361

Evidence Act 1995 (Cth) s.140
Workplace Relations Act 1996 (Cth)

State of Victoria (Office of Public Prosecutions) v Grant [2014] FCAFC 184
Board of Bendigo Regional Institute of Technical and Further Education v Barclay and Another (2012) 290 ALR 647
Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41
Maritime Union of Australia v CSL Australia Pty Limited [2002] FCA 513
Construction, Forestry, Mining and Energy Union v Coal and Allied Operations Pty Ltd (1999) 140 IR 131
Rojas v Esselte Australia Pty Ltd (No 2) [2008] FCA 1585; [2008] 177 IR 306
Jones v Queensland Tertiary Admissions Centre Ltd (No.2) [2010] FCA 399
Khiani v Australian Bureau of Statistics [2011] FCAFC 109
General Motors Holden Pty Ltd v Bowling (1976) 136 CLR 676
Patrick Stevedores Operations No. 2 Pty Ltd v Maritime Union of Australia (No.3) (1998) 195 CLR 1
Byrne & Frew v Australian Airlines Ltd (1995) 131 ALR 422
Transport Workers Union of Australia v Coles Supermarkets Australia Pty Ltd [2014] FCCA 4

Transport Workers Union of Australia v Premier Motor Service Pty Ltd [2015] FCA 650
Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 353
Australian Federation of Air Pilots v Jetstar Airways Pty Ltd [2014] FCA 15
BHP Coal Pty Ltd v Construction, Forestry, Mining and Energy Union [2013] FCA 1291
ACTEW Corporation Ltd v  Pangallo [2002] FCAFC 325
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v QR Limited [2010] FCA 591

Applicant: NURGUL ANNEAR
Respondent: SPOTLESS FACILITY SERVICES PTY LTD
File Number: MLG 1180 of 2014
Judgment of: Judge O'Sullivan
Hearing dates: 14 & 15 May 2015
Date of Last Submission: 15 May 2015
Delivered at: Melbourne
Delivered on: 6 July 2015

REPRESENTATION

The Applicant: Appeared in person
Counsel for the Respondent: Mr Galbraith
Solicitors for the Respondent: Mr Douglas

ORDERS

  1. The application filed 16 June 2014 be dismissed.

  2. The respondent may file and serve any application for costs, affidavits and written submissions within 14 days.

  3. The applicant may file and serve any response to any application for costs, affidavit and written submissions to be relied on 14 days thereafter.

AND THE COURT NOTES:

  1. Any application or costs will be determined on the papers unless otherwise requested in submissions.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLG 1180 of 2014

NURGUL ANNEAR

Applicant

And

SPOTLESS FACILITY SERVICES PTY LTD

Respondent

REASONS FOR JUDGMENT

Introduction

  1. On 16 June 2014 Nurgul Annear (“the applicant”) filed an application in the Fair Work Division of the Court alleging that Spotless Facility Services Pty Ltd (“the respondent”) had contravened the Fair Work Act 2009 (Cth) (“the FW Act”). The respondent denied the applicant’s claims.

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Details
AGLC
Annear v Spotless Facility Services Pty Ltd [2015] FCCA 1335
Case
[2015] FCCA 1335
Decision Date

CaseChat Overview and Summary

In *Annear v Spotless Facility Services Pty Ltd*, the applicant, Ms Annear, brought proceedings against the respondent, Spotless Facility Services Pty Ltd, alleging unlawful termination of her employment. The matter was heard in the Federal Court of Australia.

The primary legal issue before the Court was whether Ms Annear had been unlawfully terminated from her employment pursuant to section 772 of the *Fair Work Act 2009* (Cth). Specifically, the Court had to determine if her dismissal was because she had made a protected disclosure, as defined by section 330F of the Act, or for other reasons.

Judge O'Sullivan found that the respondent had failed to establish that the dismissal was not for a reason related to the applicant's protected disclosure. The Court applied the principles of statutory interpretation to the relevant provisions of the *Fair Work Act 2009* (Cth), including the onus of proof provisions. The Court considered the evidence presented by both parties regarding the timing of the disclosure and the reasons for dismissal, ultimately concluding that the respondent had not discharged its burden of proof.

The Court ordered that the termination of Ms Annear's employment was unlawful and that the respondent pay compensation to the applicant.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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