FEDERAL COURT OF AUSTRALIA
Barnett v Territory Insurance Office [2011] FCA 968
Citation: Barnett v Territory Insurance Office [2011] FCA 968 Parties: PHILIP BARNETT v TERRITORY INSURANCE OFFICE File number: VID 1045 of 2010 Judge: MANSFIELD J Date of judgment: 24 August 2011 Catchwords: INDUSTRIAL LAW – workplace right – contract of employment – whether a contract of employment is a workplace instrument for purposes of s 341(1) of the Fair Work Act 2009 (Cth) Legislation: Fair Work Act 2009 (Cth)
Workplace Relations Act 1996 (Cth)
Fair Work (Transitional Provisions and Consequential Amendments Act) 2009 (Cth)
Industrial Arbitration Act 1912 (WA)
Industrial Relations Act 1988 (Cth)
Workplace Relations and Other Legislative Amendments Act 1996 (Cth)
Fair Work Bill 2008 (Cth)
Acts Interpretation Act 1901 (Cth)Cases cited: Jones v Queensland Tertiary Admissions Centre Ltd (No 2) (2010) 186 FCR 22 considered
Australian Licensed Aircraft Engineers Association v International Aviations Service Assistance Pty Ltd [2011] FCA 333 considered
Amalgamated Collieries of WA Ltd v True (1938) 59 CLR 417 cited
Byrne v Australian Airlines Ltd (1995) 185 CLR 410 cited
R v Gough;Ex parte Meat and Allied Trades Federation of Australia (1969) 122 CLR 237 cited
Wheeler v Phillip Morris Ltd (1989) 97 ALR 282 cited
Greater Dandenong City Council v Australian Municipal, Clerical and Services Union (2001) 111 IR 121 citedDate of hearing: 3 August 2011 Place: Adelaide Division: FAIR WORK DIVISION Category: Catchwords Number of paragraphs: 44 Counsel for the Applicant: A Foster Solicitor for the Applicant: Foster Nicholson Legal Counsel for the Respondent: T Stanley QC and T Martin Solicitor for the Respondent: Minter Ellison
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY
FAIR WORK DIVISION
VID 1045 of 2010
BETWEEN: PHILIP BARNETT
ApplicantAND: TERRITORY INSURANCE OFFICE
Respondent
JUDGE:
MANSFIELD J
DATE OF ORDER:
24 AUGUST 2011
WHERE MADE:
ADELAIDE
THE COURT ORDERS THAT:
1.The application be dismissed.
Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY
FAIR WORK DIVISION
VID 1045 of 2010
BETWEEN: PHILIP BARNETT
ApplicantAND: TERRITORY INSURANCE OFFICE
Respondent
JUDGE:
MANSFIELD J
DATE:
24 AUGUST 2011
PLACE:
ADELAIDE
REASONS FOR JUDGMENT
At present this proceeding involves a short question of law. It is whether the applicant’s contract of employment with the respondent is a workplace instrument for the purposes of s 341(1) of the Fair Work Act 2009 (Cth) (FW Act).
That question is to be determined separately from, and before, other questions in the proceeding.
If the contract is not a “workplace instrument” for the purposes of s 341(1) of the FW Act, then it is agreed that the application cannot succeed and must be dismissed. That is because, in the particular circumstances, the applicant has no other cause of action against the respondent in respect of the termination of his employment. He has no cause of action for unfair dismissal under s 382 of the FW Act because his contract of…
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- Case
- [2011] FCA 968
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether a contract of employment qualified as a workplace instrument under section 341(1) of the Fair Work Act. The court considered the definitions and scope of a workplace instrument and how they applied to a contract of employment. The court had to determine if a contract of employment was a document that set out the terms of employment between an employer and an employee and whether it could be considered an instrument that had to be displayed in the workplace.
The court found that a contract of employment did not constitute a workplace instrument as defined in the Fair Work Act. The court reasoned that a contract of employment is a personal agreement between the employer and the employee and does not fit the definition of a workplace instrument, which is intended to set out the terms of employment for a group of employees or a class of employees. The court also noted that the Fair Work Act provides other mechanisms for the disclosure of the terms of employment, such as the requirement for employers to provide a Fair Work Information Statement to employees. The court dismissed the application, finding that a contract of employment was not a workplace instrument for the purposes of section 341(1) of the Fair Work Act.
Orders
Orders of the court
1. The application be dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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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