Barrick v Qantas Flight Catering Limited

FEDERAL COURT OF AUSTRALIA

Barrick v Qantas Flight Catering Limited [2007] FCA 835

TRADE PRACTICES – misleading and deceptive conduct – unconscionable conduct – whether statements in industrial proceedings are representations or conduct in trade and commerce – whether testimony of corporation’s employees in criminal proceedings are representations or conduct of corporation in trade and commerce – where either can be considered to be undertaken in trade and commerce – where criminal proceeding testimony of corporation’s employees is not conduct of the corporation

WORKPLACE RELATIONS – whether employee acting within actual or ostensible authority in committing intentional illegal acts – whether employer can be vicariously liable for illegal conduct of employee – where employer can not be liable for employee’s intentionally illegal conduct not done in the intended pursuit of the employer’s interests or in ostensible pursuit of the employer’s business or in the apparent execution of authority which the employer holds out the employee as having

WORKPLACE RELATIONS – whether Award breached by employer – whether employer liable for penalties under s 178 Workplace Relations Act – where Award either not breached or employee unable to take advantage of breach brought about by criminal conduct to which the employee was privy – where no evidence of underpayment of wages to trigger penalty.

WORKPLACE RELATIONS – superannuation contributions – whether obligation to make contributions – whether breach of s 178(6A) Workplace Relations Act – where no superannuation obligation imposed on employer

Trade Practices Act 1974 (Cth), s 51AA, 52, 80, 82 and 84
Workplace Relations Act 1996 (Cth), 178, 178(6A)

Carole Ann Barrick v Qantas Flight Catering Limited [2001] AIRC 110, cited

Carole Ann Barrick re Carole Ann Barrick v Qantas Flight Catering Limited [2002] AIRC 91, cited
Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594, applied
Deatons Proprietary Limited v Flew (1949) 79 CLR 370, applied

New South Wales v Lepore (2003) 212 CLR 511, applied
Byrne v Australian Airlines Limited (1995) 195 CLR 410, applied

CAROLE ANN BARRICK v QANTAS FLIGHT CATERING LIMITED
Q 93 OF 2002

SPENDER J
31 MAY 2007
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 93 OF 2002

BETWEEN:	CAROLE ANN BARRICK Applicant
AND:	QANTAS FLIGHT CATERING LIMITED Respondent

JUDGE:	SPENDER J
DATE OF ORDER:	31 MAY 2007
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The application be dismissed.

2.Any application for costs by the respondent shall be filed and served, with supporting submissions, and material if any, within 21 days.

3.Any submission and material in response shall be filed and served within a further 14 days.

4.The Court will then consider what orders, if any, it should make concerning the matter.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 93 OF 2002

BETWEEN:	CAROLE ANN BARRICK Applicant
AND:	QANTAS FLIGHT CATERING LIMITED Respondent

JUDGE:	SPENDER J
DATE:	31 MAY 2007
PLACE:	BRISBANE

REASONS…