FEDERAL COURT OF AUSTRALIA
Martinuzzi v Fair Work Ombudsman [2012] FCA 636
Citation: Martinuzzi v Fair Work Ombudsman [2012] FCA 636 Appeal from: Workplace Ombudsman v QMGIM Pty Ltd & Ors [2010] FMCA 64
Workplace Ombudsman v QMGIM Pty Ltd & Ors [2010] FMCA 441
Workplace Ombudsman v QMGIM Pty Ltd & Ors [2011] FMCA 261
Parties: PETER RALPH MARTINUZZI, QUEENSLAND MARINE AND GENERAL INSURANCE MANAGEMENT PTY LTD ACN 010 887 644 and QUEENSLAND MARINE AND GENERAL INSURANCE BROKERS PTY LTD v FAIR WORK OMBUDSMAN File number: QUD 83 of 2011 Judge: LOGAN J Date of judgment: 19 June 2012 Catchwords: PRACTICE AND PROCEDURE – constitution of the court following resignation of federal magistrate – declarations of contraventions of industrial award made prior to retirement – whether it was possible for the Federal Magistrates Court as differently constituted to impose penalties and make ancillary orders – separate, distinct stages in proceeding – requirement for rehearing not mandated by the Federal Magistrates Court Act 1999 (Cth) or other implications flowing from need to exercise judicial power in a procedurally fair way
INDUSTRIAL LAW – industrial award binding on appellant’s company – whether ambit of award sufficiently broad to include particular employees as “clerical and administrative” employees – whether having regard to the language employed in the award it had application to particular insurance broking jobs – language of the industrial award, read a whole and in context, not apt to apply to jobs in insurance broking business
Legislation: Federal Court of Australia Act 1976 (Cth) s 14
Federal Magistrates Act 1999 (Cth) ss 8, 11
Workplace Relations Act 1996 (Cth)Cases cited: Amcor Ltd v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241 followed
Australian Competition & Consumer Commission v Australian Communications Network Pty Ltd [2005] FCA 988 considered
Australian Securities and Investments Commission v Forge [2007] NSWSC 1489 considered
Bagshaw v Scott [2005] FCA 104 considered
Brennan v Brennan (1953) 89 CLR 129 followed
Carra v Hamilton (2001) 3 VR 114 cited
City of Wanneroo v Holmes (1989) 30 IR 362 referred to
Coleshill v Manchester Corporation [1928] 1 KB 776 considered
Educang Limited v Brisbane City Council [2002] QSC 374 referred to
Huddart, Parker & Co Proprietary Limited v Moorehead (1909) 8 CLR 330 followed
Kucks v CSR Limited (1996) 66 IR 182 referred to
O’Brien v Macskimin (1994) 101 NTR 1 applied
Orr v Holmes (1948) 76 CLR 632 applied
Queensland Marine and General Insurance Management Pty Ltd v Fair Work Ombudsman [2011] FCA 852 referred to
R v Pepper [1921] 3 KB 167 considered
Ross Walker v Perpetual Trustees Australia Limited [2004] AIRC 906 not followed
Workplace Ombudsman v Queensland Marine and General Insurance Management Pty Ltd and Ors (2010) 245 FLR 369 considered
Workplace Ombudsman v QMGIM Pty Ltd [2010] FMCA 64 reversed
Workplace Ombudsman v QMGIM Pty Ltd [2011] FMCA 261 considered
Wentworth v Rogers (No 3) (1986) 6 NSWLR 642 appliedMegarry, Sir Robert, A Second Miscellany-at-Law; a further diversion for lawyers…
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- AGLC
- Martinuzzi v Fair Work Ombudsman [2012] FCA 636
- Case
- [2012] FCA 636
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining the legal implications of the federal magistrate's resignation on the proceedings and the penalties that could be imposed. It also needed to ascertain whether the industrial award's language was sufficiently broad to encompass the insurance broking jobs in question. The court examined whether the Federal Magistrates Court Act 1999 (Cth) or procedural fairness mandated a rehearing and whether the award's language, read in its entirety and context, applied to the insurance broking jobs.
The court held that the Federal Magistrates Court, as differently constituted, had the authority to impose penalties and make ancillary orders following the earlier declarations of contraventions. The court determined that the industrial award did not sufficiently cover the insurance broking jobs in question. The language of the award, when read as a whole and in context, did not apply to those roles. Consequently, the appeal was allowed, and the declarations and orders made by the Federal Magistrates Court were set aside. The court dismissed the proceedings in the Federal Magistrates Court, with no order as to costs.
Orders
Orders of the court
1. The appeal is allowed.
2. The declarations and orders made in paragraphs (1) and (1A) of the orders made by the Federal Magistrates Court on 4 February 2010 are set aside.
3. Save for the order made in paragraph (24) that there be no order as to costs; the orders made by the Federal Magistrates Court on 15 March 2011 are set aside.
4. In lieu of the orders which have been set aside, it is ordered that the proceedings in the Federal Magistrates Court be dismissed.
5. No order as to costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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