Compass Group (Australia) Pty Ltd v Bartram

[2007] FCAFC 26

FEDERAL COURT OF AUSTRALIA

Compass Group (Australia) Pty Ltd v Bartram [2007] FCAFC 26

CONSTITUTIONAL LAW – Inconsistency between State law and industrial agreement certified under federal law – Matter dealt with in federal agreement but no entitlement provided for – Whether federal law and agreement covered the field – Constitution, s 109.

WORKPLACE RELATIONS – Long service leave – Entitlements provided for casual employees under State law – Subject employment covered by federal certified agreement – Agreement provided for long service leave for employees other than casuals – Whether State law inconsistent with the federal certified agreement – Workplace Relations Act 1996 (Cth), s 170LZ.

Workplace Relations Act 1996 (Cth) s 170LZ(1)

Metal Trades Industry Association of Australia v The Amalgamated Metal Workers’ and Shipwrights’ Union (1983) 152 CLR 632 applied

COMPASS GROUP (AUSTRALIA) PTY LTD (TRADING AS ESS WORLD WIDE SERVICES) v MELVYN BARTRAM
VID 1045 OF 2006

MARSHALL, LANDER AND JESSUP JJ
9 MARCH 2007
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 1045 OF 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	COMPASS GROUP (AUSTRALIA) PTY LTD (TRADING AS ESS WORLD WIDE SERVICES) Appellant
AND:	MELVYN BARTRAM Respondent

JUDGES:	MARSHALL, LANDER AND JESSUP JJ
DATE OF ORDER:	9 MARCH 2007
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The appeal be allowed.

2.The orders made by the Magistrates Court be set aside.

3.The respondent’s complaint in the Magistrates Court be dismissed.

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

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 1045 OF 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	COMPASS GROUP (AUSTRALIA) PTY LTD (TRADING AS ESS WORLD WIDE SERVICES) Appellant
AND:	MELVYN BARTRAM Respondent

JUDGES:	MARSHALL, LANDER AND JESSUP JJ
DATE:	9 MARCH 2007
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

MARSHALL J

1The appellant, Compass Group (Australia) Pty Ltd (‘Compass’) appeals, pursuant to s 853 of the Workplace Relations Act 1996 (Cth) (‘WR Act’) from a judgment of the Magistrates Court of Victoria. Under s 853(1), an appeal lies to this Court from a judgment of a court of a State or Territory in a matter arising under the WR Act.

2The learned Magistrate accepted that Mr Bartram was entitled to payment in lieu of long service leave under the Long Service Leave Act 1992 (Vic) (‘State LSL Act’). From 1 January 2006, s 62A of the State LSL Act provides for long service leave for certain casual employees.

3The appellant submitted before the learned Magistrate that a certified agreement, which applied to Mr Bartram’s employment, ‘covered the field’ with respect to long service leave entitlements and, as such, the State LSL Act did not apply to Mr Bartram.

4The learned Magistrate rejected that submission. Her Honour referred to the long service leave provision in the certified agreement. That provision refers to an award which deals with long service leave. Her…