FEDERAL COURT OF AUSTRALIA
Blackadder v Ramsey Butchering Services Pty Ltd [2002] FCA 603
STEPHEN BLACKADDER v RAMSEY BUTCHERING SERVICES PTY LTD
N756 of 2000MADGWICK J
10 MAY 2002
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 756 of 2000
BETWEEN:
STEPHEN BLACKADDER
APPLICANTAND:
RAMSEY BUTCHERING SERVICES PTY LTD
RESPONDENT
JUDGE:
MADGWICK J
DATE:
10 MAY 2002
PLACE:
SYDNEY
CORRIGENDUM
In the Orders attached to the Reasons for Judgment of the Honourable Justice Madgwick dated 10 May 2002 please amend the following:
1.In Order 1, on the third line insert the letter “U” before “No. 20951 of 1999”.
2.In Order 3, on the third line delete the word “to” and replace it with the word “and”.
I certify that the preceding paragraph is a true copy of the Corrigendum herein of the Honourable Justice Madgwick
Associate:
Dated: 10 May 2002FEDERAL COURT OF AUSTRALIA
Blackadder v Ramsey Butchering Services Pty Ltd [2002] FCA 603
INDUSTRIAL LAW - application for relief for alleged unlawful treatment of applicant employee by respondent employer after respondent ordered by Australian Industrial Relations Commission to reinstate applicant to pre-termination position of employment – whether respondent had failed to comply with Commission’s orders – consideration of “reinstatement” – whether it involves a return to the workplace – consideration of right to work under common law – whether implied contractual duty to provide work
Respondent required applicant to attend medical examination as pre-condition to his return to work – whether applicant required to undergo medical examination – respondent ceased payment of applicant’s wages for failure to attend medical examination – whether respondent’s conduct breached relevant Australian Workplace Agreement
Respondent directed applicant to utilise annual holiday and accrued sick leave entitlements – applicant had not sought nor agreed to utilise such leave entitlements – whether breach of relevant Australian Workplace Agreement
Workplace Relations Act 1996 Cth, s 170CH
Jackson vFisher’s Foils Limited [1944] KB 316, referred to
Hodge v Ultra Electric Ltd [1943] KB 462, cited
Perkins v GraceWorldwide (Aust) Pty Ltd (1996-7) 72 IR 186, referred to
Nicolson v Heaven & Earth Gallery Pty Ltd (1994) 57 IR 50, referred to
State Rail Authority (NSW) v Bauer J (1994) 55 IR 263, referred to
Marbe v George Edwardes (Daly’s Theatre) Ltd [1928] 1 KB 269, referred to
Australian Rugby League Ltd v Cross (1997) 39 IPR 111, referred to
Wesoky v Village Cinemas International Pty Ltd [2001] FCA 32, referred to
William Hill Organisation Ltd v Tucker [1999] ICR 291, referred to
Byrne v Australian Airlines Ltd (1995) 185 CLR 410, applied
Seymour v Stawell Timber Industries Pty Ltd (1985) 9 FCR 241, distinguished
PKIU v Vista Paper Products Pty Limited (1994) 57 IR 414, referred toSTEPHEN BLACKADDER v RAMSEY BUTCHERING SERVICES PTY LTD
N756 of 2000MADGWICK J
10 MAY 2002
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 756 of 2000
BETWEEN:
STEPHEN BLACKADDER
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- Case
- [2002] FCA 603
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the respondent had breached the reinstatement order issued by the Australian Industrial Relations Commission and the terms of the AWA by failing to reinstate Mr Blackadder and by not paying him wages. Additionally, the court had to determine whether the respondent had breached an implied contractual obligation of good faith and fidelity in their employment relationship.
The court found that the respondent had indeed breached the reinstatement order by not reappointing Mr Blackadder to his former position. The court held that the AWA terms were clear and unambiguous, and the respondent had failed to adhere to them by not reinstating the applicant and by not paying him wages as required. The court also found that the respondent’s actions amounted to a breach of the implied duty of good faith and fidelity in their employment relationship. Consequently, the court imposed penalties on the respondent for these breaches and ordered the payment of unpaid wages to the applicant. Furthermore, the court ordered that the penalties be paid to the applicant within 28 days and directed the respondent to pay the applicant an amount for unpaid wages plus interest within the same period.
The final orders included declarations of breaches, the imposition of penalties, and the requirement for the respondent to pay the applicant for unpaid wages and interest. The court also directed the parties to prepare short minutes quantifying the interest and considering any injunctive relief that might still be sought.
Orders
Orders of the court
1. It is declared that the respondent breached the orders of the Australian Industrial Relations Commission (constituted by Commissioner Redmond in proceedings No. 20951 of 1999) dated 29 March 2000 by failure to reinstate the applicant by reappointing him to the position in which he was employed immediately before the respondent terminated his services on or about 5 October 1999.
2. A penalty of $2,000 is imposed on the respondent for such breach.
3. It is declared that the respondent breached the terms of the Ramsey Butchering Services Pty Ltd (Grafton Meatworks) Australian Workplace Agreement dated 23 October 1998 (“the AWA”) by failing between the week ending 11 June 2000 to the week ending 23 July 2000 to pay wages to the applicant.
4. A penalty of $500 is imposed on the respondent in respect of such breach.
5. It is declared that the respondent breached the terms of the AWA by failing between the week ending 18 February 2001 and the week ending 18 March 2001 to pay wages to the applicant.
6. A penalty of $500 is imposed on the respondent in respect of such breach.
7. The penalties imposed on the respondent are to be paid to the applicant within 28 days.
8. The respondent pay to the applicant within 28 days hereof an amount of $7,528.27 for unpaid wages under the AWA plus interest on that sum at the rate of 10% per annum, calculated on a daily basis.
9. Liberty to apply on 2 days’ notice as to the amount specified in Order 7.
10. The parties are, at 9.30am on 14 May 2002, to bring in short minutes:
(a) quantifying the interest ordered to be paid; and
(b) providing for injunctive relief to be ordered, if still sought, in the light of my reasons for decision.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: MADGWICK J
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