Carr v Blade Repairs Australia Pty Ltd

FEDERAL COURT OF AUSTRALIA

Carr v Blade Repairs Australia Pty Ltd [2009] FCA 764

LUCAS MATTHEW CARR v BLADE REPAIRS AUSTRALIA PTY LTD

VID 123 of 2009

GORDON J
14 JULY 2009
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 123 of 2009

BETWEEN: LUCAS MATTHEW CARR
Applicant

AND: BLADE REPAIRS AUSTRALIA PTY LTD
Respondent

JUDGE:	GORDON J
DATE OF ORDER:	14 JULY 2009
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.By 4:00pm on 21 July 2009, the Respondent file and serve an Amended Defence. 

2.By 4:00pm on 28 July 2009, the Respondent file and serve any further affidavit material upon which it intends to rely at trial and an outline of submissions.

3.By 4:00pm on 11 August 2009, the Applicant file and serve any affidavit material in reply and an outline of submissions.

4.The proceeding be fixed for trial at 10:15am on 31 August 2009.

5.Costs reserved.

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

The text of entered orders can be located using eSearch on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 123 OF 2009

BETWEEN: LUCAS MATTHEW CARR
Applicant

AND: BLADE REPAIRS AUSTRALIA PTY LTD
Respondent

JUDGE:	GORDON J
DATE:	14 JULY 2009
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. On 19 February 2009, Lucas Matthew Carr (“Mr Carr”) filed a claim under the Workplace Relations Act 1996 (Cth) (“the Act”) alleging unlawful termination of employment on the grounds of “age’. The application sought “compensation in respect of remuneration lost – likely to be lost by reason of the termination.” The named Respondent was Blade Repairs Australia. It is now apparent that the named Respondent should be Blade Repairs Australia Pty Ltd (“Blade Repairs”). I was informed from the bar table by Counsel for the Respondent that the principal of that entity is a Mr Trevor Van Kempen (“Mr Van Kempen”).

2. In accordance with the usual management of the proceeding, orders were made for the filing of a defence by Blade Repairs.  That defence disclosed that it employed Mr Carr from 1 September 2008 at locations in Western Australia and South Australia, that Mr Carr was previously employed by an entity known as Total Blades Pty Ltd (“Total Blades”) from 1 April 2008 to 30 August 2008 (inclusive).  The defence also stated that Mr Carr’s employment was transmitted from Total Blades to Blade Repairs on 1 September 2008.  Finally, the defence stated that it had terminated Mr Carr’s employment on 26 November 2008, that that termination was advised to Mr Carr by telephone, that Mr Carr was provided with written notice of the termination of employment and that the Respondent denied the grounds for termination alleged by Mr Carr – namely, age – and said that the termination was by reason of operational reasons and redundancy.  It will be necessary to return to those facts later in these reasons for decision.

3. A copy of the written confirmation of…