Maritime Union of Australia v Fair Work Ombudsman
[2015] FCAFC 120
…Maya Pilbara Aboriginal Language Centre [2010] FMCA 342 Borg v Victoria University [2015] FCA 252 Maritime Union of Australia v Fair Work Ombudsman [2015] FCAFC 120…
Kennewell v MG & CG Atkins trading as Cardinia Waste & Recyclers
[2015] FCA 716
Para 5
…ciation v International Aviations Service Assistance Pty Ltd [2011] FCA 333 and also Kennewell v MG & CG Atkins trading as Cardinia Waste & Recyclers [2015] FCA 716).…
Construction, Forestry, Mining and Energy Union v Endeavour Coal Pty Ltd
[2015] FCAFC 76
Para 10
…al Pty Ltd [2015] FCAFC 25, Short v Ambulance Victoria [2015] FCAFC 55 and Construction Forestry Mining and Energy Union v Endeavour Coal Pty Ltd [2015] FCAFC 76.…
RailPro Services Pty Ltd v Flavel
[2015] FCA 504
Para 6
…Barclay (2012) 248 CLR 500; Klein v Metropolitan Fire & Emergency Services Board (2012) 208 FCR 178 at 205 [100]; RailPro Services Pty Ltd v Flavel [2015] FCA 504 at [86]). The timing of events does raise suspicions, and it is not surprising that the applicant thought them linked.…
Short v Ambulance Victoria
[2015] FCAFC 55
Para 10
…f Full Court decisions.[4] [4] See Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2015] FCAFC 25, Short v Ambulance Victoria [2015] FCAFC 55 and Construction Forestry Mining and Energy Union v Endeavour Coal Pty Ltd [2015] FCAFC 76.…
Borg v Victoria University
[2015] FCA 252
Para 13
…lf of the applicant to suggest that the applicant’s employment continued post the expiry of the contract. As was held in Borg v Victoria University [2015] FCA 252 [53] to [55], a person will not be taken to have been dismissed if the person had been employed under a contract of employment for a specified period o…
Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd
[2015] FCAFC 25
Para 10
…es’ have since been considered in a number of Full Court decisions.[4] [4] See Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2015] FCAFC 25, Short v Ambulance Victoria [2015] FCAFC 55 and Construction Forestry Mining and Energy Union v Endeavour Coal Pty Ltd [2015] FCAFC 76.…
Ermel v DuluxGroup (Australia) Pty Ltd (No 2)
[2015] FCA 17
Para 7
…o have been germane to the decision making process in which Ms Galina engaged.[16] [16] See Ermel v Duluxgroup (Australia) Pty Ltd (No.2) [2015] FCA 17…
State of Victoria (Office of Public Prosecutions) v Grant
[2014] FCAFC 184
Para 9
…Finally in State of Victoria (Office of Public Prosecutions) v Grant [2014] FCAFC 184 the Full Court of the Federal Court said: “32. As the trial judge recognised the leading authority on the operation of ss 360 and 361 of the Fair Work Act in the context of Part 3-1 of that Act (which includes s 351) is Board of B…
Crawford v Steadmark Pty Ltd
[2014] FCCA 2916
…Crawford v Steadmark Pty Ltd [2014] FCCA 2916 Cooper v Darwin Rugby League Inc (1994) 57 IR 238 Andersen v Umbakumba Community Council (1994) 126 ALR 121 D’Lima v Board of Management, Princess Margaret Hospital for Children (1995-6) 64 IR 19 Fisher v Edith Cowan University (1996) 70 IR 206 Victoria v Commonwealth (…
Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd
[2014] HCA 41
Para 9
…formed this decision were recently reaffirmed by a majority of the High Court in Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41. Relevantly, these authorities establish that: · The central question to be determined is one of fact. It is: “ Why was the adverse action taken? ” · T…
BHP Coal Pty Ltd v Construction, Forestry, Mining and Energy Union
[2014] FCAFC 138
…ritime Union of Australia v CSL Australia Pty Limited [2002] FCA 513; 113 IR 326 BHP Coal Pty Ltd v Construction, Forestry, Mining and Energy Union [2014] FCAFC 138 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2015] FCAFC 25 Short v Ambulance Victoria [2015] FCAFC 55 Ermel v Duluxgroup (Austr…
Collins v Trimatic Contract Services Pty Ltd
[2014] FCCA 1607
Para 7
…aphs being renumbered). [30] See for example, Ejueyitsi v Deakin University [2013] FCCA 1034 and Collins v Trimatic Contract Services Pty Ltd [2014] FCCA 1607. [31] First, the proposed amendments and how such an allegation was put, were entirely unclear, given the cross-referencing. Second, the Respondent could hav…
Dafallah v Fair Work Commission
[2014] FCA 328
Para 3
…In Dafallah v Fair Work Commission [2014] FCA 328 Mortimer J set out the applicable principles and approach to an amount of compensation pursuant to s.545 of the FW Act as follows: “148. The language of s 545 is broad, allowing the Court to provide remedies which meet the circumstances of any given contravention,…
Shea v TRUenergy Services Pty Ltd (No 6)
[2014] FCA 271
Para 2
…n not to (re)employ the applicant was not for the substantial or operative reason that she had made a complaint. In Shea v TRUenergy Pty Ltd (No.6) [2014] FCA 271 Dodds-Streeton J discussed the approach to the presumption in s.361 of the FW Act at [761] to [778].…
Ejueyitsi v DEAKIN University
[2013] FCCA 1034
Para 7
…New paragraphs 13(d), 13(e), 28 and 29 (with all subsequent paragraphs being renumbered). [30] See for example, Ejueyitsi v Deakin University [2013] FCCA 1034 and Collins v Trimatic Contract Services Pty Ltd [2014] FCCA 1607. [31] First, the proposed amendments and how such an allegation was put, were entirely uncl…
Klein v Metropolitan Fire and Emergency Services Board
[2012] FCA 1402
Para 6
…of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500; Klein v Metropolitan Fire & Emergency Services Board (2012) 208 FCR 178 at 205 [100]; RailPro Services Pty Ltd v Flavel [2015] FCA 504 at [86]). The timing of events does raise suspicions, and it is not surprising that the…
Board of Bendigo Regional Institute of Technical and Further Education v Barclay
[2012] HCA 32
Para 1
…proach to the adverse action provisions of the FW Act is Board of Bendigo Regional Institute of Technical and Further Education v Barclay and Another (2012) 290 ALR 647 (‘ Barclay’) .[3] The High Court (French CJ, Gummow, Hayne, Heydon and Crennan JJ) upheld an appeal against a majority decision of a Full Court of th…
Silverbrook Research Pty Ltd v Lindley
[2010] NSWCA 357
Para 2
…ich was transparently an attempt to claim in this matter that the approach to such a claim as was set out in Silverbrook Research Pty Ltd v Lindley [2010] NSWCA 357 (“ Silverbrook ”) applied in this case.…
Hampson v Hampson
[2010] NSWCA 359
Para 3
…In cases cited and para.108 citation “ Silverbrook Research Pty Ltd v Lindley [2010] NSWCA 359” changed to “ Silverbrook Research Pty Ltd v Lindley [2010] NSWCA 357”…
Attwood v Wangka Maya Pilbara Aboriginal Language Centre
[2010] FMCA 342
Para 7
…In Attwood v Wangka Maya Pilbara Aboriginal Language Centre [2010] FMCA 342 at [85] to [94] Lucev FM (as His Honour then was) considered the authorities on whether a contract was for a specified period.…
Jones v Queensland Tertiary Admissions Centre Ltd (No 2)
[2010] FCA 399
Para 8
…Given the nature of the applicant’s claim(s) it is important to note that Collier J in Jones v Queensland Tertiary Admissions Centre Ltd (No.2) [2010] FCA 399 (“ Jones ”) explained the nature of the onus cast upon an applicant in an application, such as this as follows: “10.That the employee is required to first…
Whittaker v Unisys Australia Pty Ltd
[2010] VSC 9
Para 8
…d Galina Affidavit; Ryan v TCFUA [1996] 2 VR 235 at 260; Reilly v Praxa Ltd [2004] ACTSC 41 at [28]; Whittaker v Unisys Australia Pty Ltd (2010) 26 VR 668 at [133]-[157]. [35] Paragraphs 33-39 of the Third Galina Affidavit.…
Rojas v Esselte Australia Pty Ltd (No 2)
[2008] FCA 1585
Para 8
…nd Energy Union v Coal and Allied Operations Pty Ltd (1999) 140 IR 131 at [161]-[162] and Moore J in Rojas v Esselte Australia Pty Ltd (No 2) [2008] FCA 1585; [2008] 177 IR 306 at 321-322 [49]- [50]. To paraphrase observations of Moore J in Rojas [2008] FCA 1585; [2008] 177 IR 306 at 322, it is not sufficient for…
Reilly v Praxa Ltd
[2004] ACTSC 41
Para 8
…e month?” [33] See paragraph 22. [34] Paragraph 33 of the Third Galina Affidavit; Ryan v TCFUA [1996] 2 VR 235 at 260; Reilly v Praxa Ltd [2004] ACTSC 41 at [28]; Whittaker v Unisys Australia Pty Ltd (2010) 26 VR 668 at [133]-[157]. [35] Paragraphs 33-39 of the Third Galina Affidavit.…
Murphy v Overton Investments Pty Ltd
[2004] HCA 3
Para 3
…and the Court must not substitute that task with approaches derived from the general law: Murphy v Overton Investments Pty Ltd (2004) 216 CLR 388 ; [2004] HCA 3 at [44] ; Qantas Airways Ltd v Gama (2008) 167 FCR 537 ; [2008] FCAFC 69 at [94] per French and Jacobson JJ. 150. In my opinion, the following features…
Maritime Union of Australia v CSL Australia Pty Ltd
[2002] FCA 513
…erations Pty Ltd (1999) 140 IR 131 Rojas v Esselte Australia Pty Ltd (No.2) [2008] FCA 1585 Maritime Union of Australia v CSL Australia Pty Limited [2002] FCA 513; 113 IR 326 BHP Coal Pty Ltd v Construction, Forestry, Mining and Energy Union [2014] FCAFC 138 Construction, Forestry, Mining and Energy Union v BHP C…
Seven Network (Operations) Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
[2001] FCA 456
Para 5
…938) 60 CLR 336; Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449; Seven Network (Operations) Ltd v CEPU (2001) 109 FCR 378 at 389, and the cases there cited. See also the cases at footnote 43 of the Respondent’s Outline. [44]Paragraphs 9-14 of the Second Cusack Affidavit. [45]Paragraphs 13-14 of t…
Fisher v Edith Cowan University
[1996] IRCA 417
Para 6
…, the employment comes to an end by agreement and by effluxion of time, and there is no termination at the employer’s initiative.[9] [9] See also Fisher v Edith Cowan University (1996) 70 IR 206.…
Victoria v The Commonwealth
[1996] HCA 56
Para 6
…In Victoria v Commonwealth (1996) 187 CLR 416 it was held that when a contract of employment for a specified term exists, an employer does not terminate the employee’s employment when his or her term of employment expires. Instead, the employment comes to an end by agreement and by effluxion of time, and there is no…
Andersen v Umbakumba Community Council
[1994] IRCA 55
…Crawford v Steadmark Pty Ltd [2014] FCCA 2916 Cooper v Darwin Rugby League Inc (1994) 57 IR 238 Andersen v Umbakumba Community Council (1994) 126 ALR 121 D’Lima v Board of Management, Princess Margaret Hospital for Children (1995-6) 64 IR 19 Fisher v Edith Cowan University (1996) 70 IR 206 Victoria v Commonwealth (19…
Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd
[1992] HCATrans 297
Para 5
…of the Evidence Act 1995 (Cth); Briginshaw v Briginshaw (1938) 60 CLR 336; Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449; Seven Network (Operations) Ltd v CEPU (2001) 109 FCR 378 at 389, and the cases there cited. See also the cases at footnote 43 of the Respondent’s Outline. [44]Paragraphs 9-14…
Bostik (Australia) Pty Ltd v Gorgevski (No 1)
[1992] FCA 271
Para 3
…ms, it has been held to be relevant to the assessment of damages: see Bostik (Australia) Pty Ltd v Gorgevski [1992] FCA 209 ; (1992) 36 FCR 20 at 32. In my opinion, it is a factor which can also be taken into account for the purposes of determining what compensation is appropriate under s 545(1), where compensation…
Bostik (Australia) Pty Ltd v Gorgevski (No 1)
[1992] FCA 209
Para 3
…n contractual terms, it has been held to be relevant to the assessment of damages: see Bostik (Australia) Pty Ltd v Gorgevski [1992] FCA 209 ; (1992) 36 FCR 20 at 32. In my opinion, it is a factor which can also be taken into account for the purposes of determining what compensation is appropriate under s 545(1),…
Banque Commerciale SA, En Liquidation v Akhil Holdings Ltd
[1990] HCA 11
Para 4
…37]As to which, see TT 257.5-257.20. [38]TT 257.5-257.20. [39] See generally, Banque Commerciale S.A. (in liq) v Akhil Holdings Ltd (1990) 169 CLR 279 at 286-8; Dare v Pulham (1982) 148 CLR 658 at 664; Whitehorn v The Queen (1983) 152 CLR 657 at 675 and 682. [40]For the reasons set out in the attached Annexure B. [41…
Whitehorn v the Queen
[1983] HCA 42
Para 4
…iale S.A. (in liq) v Akhil Holdings Ltd (1990) 169 CLR 279 at 286-8; Dare v Pulham (1982) 148 CLR 658 at 664; Whitehorn v The Queen (1983) 152 CLR 657 at 675 and 682. [40]For the reasons set out in the attached Annexure B. [41] See respondent’s final submissions filed on 5 August 2015.…
Dare v Pulham
[1982] HCA 70
Para 4
…257.5-257.20. [39] See generally, Banque Commerciale S.A. (in liq) v Akhil Holdings Ltd (1990) 169 CLR 279 at 286-8; Dare v Pulham (1982) 148 CLR 658 at 664; Whitehorn v The Queen (1983) 152 CLR 657 at 675 and 682. [40]For the reasons set out in the attached Annexure B. [41] See respondent’s final submissions filed…
Victoria v The Commonwealth
[1957] HCA 54
Para 6
…In Victoria v Commonwealth (1996) 187 CLR 416 it was held that when a contract of employment for a specified term exists, an employer does not terminate the employee’s employment when his or her term of employment expires. Instead, the employment comes to an end by agreement and by effluxion of time, and there is no termination…
Briginshaw v Briginshaw
[1938] HCA 36
Para 5
…is made, cannot be substantiated.” [50] [42]Section 539 of the FW Act. [43] Section 140(2) of the Evidence Act 1995 (Cth); Briginshaw v Briginshaw (1938) 60 CLR 336; Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449; Seven Network (Operations) Ltd v CEPU (2001) 109 FCR 378 at 389, and the cases there cited. Se…
Briginshaw v Briginshaw
[1938] HCA 34
Para 5
…tantiated.” [50] [42]Section 539 of the FW Act. [43] Section 140(2) of the Evidence Act 1995 (Cth); Briginshaw v Briginshaw (1938) 60 CLR 336; Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449; Seven Network (Operations) Ltd v CEPU (2001) 109 FCR 378 at 389, and the cases there cited. See also the…
The Full Court in Burazin v Blacktown City Guardian Pty Ltd
[1996] IRCA 371
Para 3
…Aviation Service Assistance Pty Ltd (2011) 193 FCR 526 ; [2011] FCA 333 at [423] per Barker J. 160. The Full Court in Burazin [1996] IRCA 371 ; 142 ALR 144 at 155 approved this approach. Some of the matters referred to by Lee J are similar to those set out as considerations in s yeah 392(2). Although the power und…
Australian Licenced Aircraft Engineers Association v International Aviation Service Assistance Pty Ltd
[2011] FCA 333
Para 3
…: Australian Licensed Aircraft Engineers Association v International Aviation Service Assistance Pty Ltd (2011) 193 FCR 526 ; [2011] FCA 333 at [423] per Barker J. 160. The Full Court in Burazin [1996] IRCA 371 ; 142 ALR 144 at 155 approved this approach. Some of the matters referred to by Lee J are similar to th…
Crawford v Steadmark Pty Ltd
[2014] FCCA 916
Para 5
…When the proceedings returned to Court both parties were represented. For the reasons set out in Crawford v Steadmark Pty Ltd [2014] FCCA 916 the respondent’s application in a case filed on 8 October 2014 was dismissed. There were orders and directions made and the substantive proceedings were listed for trial on…
Sayed v Construction, Forestry, Mining & Energy Union
[2015] FCA 27
Para 7
…s had the opportunity at trial to put on evidence in relation to loss or damage.[51] [51] See Sayed v Construction, Forestry, Mining and Energy Union [2015] FCA 27…
Qantas Airways Limited v Gama
[2008] FCAFC 69
Para 3
…om the general law: Murphy v Overton Investments Pty Ltd (2004) 216 CLR 388 ; [2004] HCA 3 at [44] ; Qantas Airways Ltd v Gama (2008) 167 FCR 537 ; [2008] FCAFC 69 at [94] per French and Jacobson JJ. 150. In my opinion, the following features of s 545(1) and its place in the scheme of the FW Act are relevant. 151.…