Gallagher v AAG Labour Services Pty Ltd

FEDERAL COURT OF AUSTRALIA

Gallagher v AAG Labour Services Pty Ltd [2020] FCA 1753

File number:

WAD 144 of 2020

Judgment of:

JACKSON J

Date of judgment:

4 December 2020

Catchwords:

PRACTICE AND PROCEDURE - interlocutory application for further and better particulars of statement of claim - statement of claim alleges that applicant was not paid for certain hours worked - schedule to statement of claim calculated hours said to have been worked - unclear how figures were calculated - applicant ordered to provide further and better particulars     

Legislation:

Fair Work Act 2009 (Cth) ss 45, 323, 535, 536, 557C, 550

Fair Work Regulations 2009 (Cth) rr 3.33, 3.46

Division:

Fair Work Division

Registry:

Western Australia

National Practice Area:

Employment and Industrial Relations

Number of paragraphs:

22

Date of hearing:

4 December 2020

Counsel for the Applicant:

Ms LJ Mengler

Solicitor for the Applicant:

Grondal Bruining

Counsel for the Respondents:

Mr PB Dobson

Solicitor for the Respondents:

Hotchkin Hanly Lawyers

Counsel for the Cross‑Claimant:

Mr PB Dobson

Solicitor for the Cross‑Claimant:

Hotchkin Hanly Lawyers

Counsel for the Cross‑Respondent:

Mr MJ Keating

Solicitor for the Cross‑Respondent:

Williams & Hughes

ORDERS

WAD 144 of 2020

BETWEEN:

BETH GALLAGHER

Applicant

AND:

AAG LABOUR SERVICES PTY LTD (ACN 126 217 294)

First Respondent

MARCUS ROMAN ELGIN-STUCZYNSKI

Second Respondent

AND BETWEEN:

AAG LABOUR SERVICES PTY LTD (ACN 126 217 294)

Cross-Claimant

AND:

HAYDEN RUSSELL

Cross-Respondent

ORDER MADE BY:	JACKSON J
DATE OF ORDER:	4 DECEMBER 2020

THE COURT ORDERS THAT:

Claim

1.On or before 1 February 2021, the applicant must:

(a)to the extent that is reasonably practicable for her to do so within that time, provide particulars, insofar as they are within her knowledge, of:

(i)any days on which she did work on the farms known as L2 and/or L3 during the Term;

(ii)any days on which she did not work on the farms known as L2 and/or L3 during the Term;

(iii)the hours she worked on any day specified pursuant to (i) above; and

(b)provide particulars of every fact, matter, circumstance or thing on which she relies in order to calculate the 'Total hours worked' alleged in each row of Schedule B to the statement of claim.

2.The respondents' interlocutory application dated 16 October 2020 is otherwise dismissed.

3.Costs are reserved.

Cross-Claim

4.Pursuant to r 16.51 of the Federal Court Rules 2011 (Cth), the cross-respondent has leave to file a re-amended defence to the cross-claim, in terms of the re-amended defence annexed to the minute of consent submitted by the parties to the cross-claim on 3 December 2020, by no later than 4.00 pm on 4 December 2020.

5.The time for compliance with paragraph 3 of the orders made on 3 November 2020 is extended to 23 December 2020.

6.Costs, if any, are reserved.

Mediation

7.The claim and the cross-claim are referred to mediation before a Registrar of the court pursuant to r 28.02 of the Federal Court Rules 2011 (Cth), to take place not before March 2021.

Note:   Entry of orders is dealt…