Cram Fluid Power Pty Ltd v Green

In the case of Cram Fluid Power Pty Ltd v Green, the primary issue before Caulfield Deputy President Roche was the application of the amendments introduced by the Workers Compensation Legislation Amendment Act 2012, specifically clauses 15 of Part 19H of Schedule 6 and 11 of Schedule 8 to the Workers Compensation Act 1987, to workers' compensation claims. The central legal question revolved around whether these amendments applied only to claims that were "pending" or "on foot" at the time of the amendment's introduction or whether they applied more broadly to all claims made after a certain date. This issue was addressed through a consideration of the High Court decisions in Goudappel v ADCO Constructions Pty Ltd [2013] NSWCA 94 (Goudappel No 1) and ADCO Constructions Pty Ltd v Goudappel [2014] HCA 18 (Goudappel No 2).

The Deputy President applied the reasoning from these cases to the facts of the present matter. He noted that the Court of Appeal in Goudappel No 1 had determined that the term "a claim" in clause 15 of Part 19H included any claim for compensation made before 19 June 2012, and that clause 11 of Schedule 8 was invalid and did not apply. However, the High Court in Goudappel No 2 overturned this, holding that clause 11 was valid and applied according to its terms. The High Court held that the amendments applied to claims made on or after 19 June 2012, provided the worker had not made a claim specifically seeking compensation under sections 66 or 67 before that date.

Following this reasoning, Deputy President Roche concluded that as Mr Caulfield had specifically sought compensation under section 66 before 19 June 2012, the amendments did not apply to his claim. Consequently, his entitlement to compensation for permanent impairment was not restricted by the new provisions in section 66. This interpretation was deemed to produce the greatest harmony and the least inconsistency with the overall legislation, while also preserving rights accrued before the amendment date.

ORDERS:
1. The Arbitrator’s determination of 8 August 2014 is confirmed.
2. No order as to costs.