Carrabba v PFP (Aust) Pty Ltd

Case [2019] FCCA 2857


FEDERAL CIRCUIT COURT OF AUSTRALIA

CARRABBA v PFP (AUST) PTY LTD & ANOR [2019] FCCA 2857
Catchwords:
INDUSTRIAL LAW – Employment – dismissal – alleged contravention of general protection provisions of Fair Work Act 2009 (Cth) – whether payment in lieu of notice – whether implied term.

Legislation:

Fair Work Act 2009 (Cth), ss.117, 340, 341, 342, 360, 361, 550, 570

Federal Circuit Court of Australia Act 1999 (Cth), s.75

Federal Circuit Court Rules 2001 (Cth), r.21.02(1)

Cases cited:

Australian National Hotels v Jager (2000) 9 Tas R 153

Board of Bendigo Regional Institute of Technical and Further Education v

Barclay [2012] HCA 32; (2012) 248 CLR 500; (2012) 86 ALJR 1044; (2012)

220 IR 445; (2012) 290 ALR 647

Brennan v Kangaroo Island Council [2014] HCASL 153

Brennan v Kangaroo Island Council [2013] SASFC 151; (2013) 120 SASR 11

Byrne v Australian Airlines Ltd (1995) 185 CLR 410

Celand v Skycity Adelaide Pty Ltd [2017] FCAFC 222; (2017) 256 FCR 306;

(2017) 274 IR 420

Construction, Forestry, Mining & Energy Union v BHP Coal Pty Ltd [2014]

HCA 41; (2014) 253 CLR 243; (2014) 88 ALJR 980; (2014) 245 IR 354; (2014)

314 ALR 1; (2014) 66 AILR 102-268

Construction, Forestry, Mining & Energy Union & Ors v Clarke [2008] FCAFC

143; (2008) 170 FCR 574; (2008) 176 IR 245

Construction, Forestry, Mining & Energy Union v Endeavour Coal Pty Ltd

[2015] FCAFC 76; (2015) 231 FCR 150; (2015) 250 IR 422

Construction, Forestry, Mining and Energy Union v McCorkell Constructions

Pty Ltd (No 2) [2013] FCA 446; (2013) 232 IR 290; (2013) 65 AILR 101-911

General Motors-Holden’s Pty Ltd v Bowling (1976) 136 CLR 676; (1976) 51

ALJR 235; (1976) 12 ALR 605

Hill v Compass Ten Pty Ltd [2012] FCA 761

Kuczmarski v Ascot Administration Pty Ltd [2016] SADC 65; (2016) 259 IR 233

Maslen v Core Drilling Services Pty Ltd & Anor [2013] FCCA 460

Maritime Union of Australia v Geraldton Port Authority [1999] FCA 899;

(1999) 93 FCR 34; (1999) 94 IR 244; (1999) 165 ALR 67

Rankin v Marine Power International Pty Ltd [2001] VSC 150

Russell v Institution of Engineers Australia T/A Engineers Australia [2013] FCA

1250

Storey v The Monitoring Centre Pty Ltd & Ors [2015] FCCA 3310

Thorpe v Vetis Consulting Services Pty Ltd [2019] FCCA 2375

Walsh v Greater Metropolitan Cemeteries Trust (No 2) [2014] FCA 456; (2014)

243 IR 468; (2014) 66 AILR 102-285

WZASX v Minister for Immigration & Border Protection [2017] FCA 1415

Zhang v Royal Australian Chemical Institute Inc (2005) 144 FCR 347

Applicant: ROBERT CARRABBA
First Respondent: PFP (AUST) PTY LTD
Second Respondent: KERRY ROBERTS
File Number: PEG 537 of 2015
Judgment of: Judge Antoni Lucev
Hearing dates: 9 and 10 February 2017
Date of Last Submission: 10 February 2017
Delivered at: Sydney (via video-link to Perth)
Delivered on:

9 October 2019

(delivered by video link by…

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AGLC
Carrabba v PFP (Aust) Pty Ltd [2019] FCCA 2857
Case
[2019] FCCA 2857
Decision Date

CaseChat Overview and Summary

In *Carrabba v PFP (Aust) Pty Ltd*, the applicant, Mr Carrabba, alleged that his dismissal by the respondent, PFP (Aust) Pty Ltd, constituted a contravention of the general protection provisions of the *Fair Work Act 2009* (Cth). The central dispute revolved around whether Mr Carrabba was entitled to payment in lieu of notice upon the termination of his employment, and if so, whether such a term was implied into his contract of employment.

The court was required to determine whether the termination of Mr Carrabba's employment was harsh, unjust, or unreasonable, and whether the respondent had contravened the general protections provisions of the *Fair Work Act 2009* (Cth). A key aspect of this determination involved ascertaining whether there was an implied term in Mr Carrabba's employment contract entitling him to payment in lieu of notice, and if such a term existed, whether the respondent had breached it.

Judge Lucev found that there was no express term in Mr Carrabba's contract of employment providing for payment in lieu of notice. Furthermore, his Honour concluded that, in the absence of express terms, there was no implied term that would entitle Mr Carrabba to such payment. Consequently, the court held that the respondent had not breached any contractual obligation regarding notice. The application was dismissed.

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

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Ratio Decidendi

Legal Principle Established

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