McGarry v Coates

Case [2013] QCATA 32


CITATION: McGarry v Coates [2013] QCATA 32
PARTIES: Sean Raymond McGarry (trading as Abstract Plumbing Services)
(Appellant)
v
John Coates
(Respondent)
APPLICATION NUMBER: APL161-12
MATTER TYPE: Appeals
HEARD AT: Brisbane
DECISION OF: Dr J R Forbes, Member
DELIVERED ON: 18 February 2013
DELIVERED AT: Brisbane
ORDERS MADE:

1.   Leave to appeal granted.

2.   Appeal upheld.

3.   The Decision and award made on 3 May 2012 is set aside.

4.   The Application filed on 23 May 2012 is transferred to the Magistrates Court of Queensland at Pine Rivers.

5.   Proceedings in the said Court shall be taken to have commenced on 23 May 2012.

6.   The applicant John Coates shall be taken to have complied with all requirements of the Fair Work Act 2009 (Cth) for commencement and hearing in the said Court of a small claims procedure, within the meaning of section 548 of the said Act.

7.   Liberty to each party to apply for further directions upon 7 days’ notice in writing to the other party and to the Tribunal.

CATCHWORDS:

JURISDICTION – MINOR CIVIL DISPUTE - claim for wages due under award – award made under Fair Work Act 2009 (Cth) – whether QCAT has jurisdiction to hear and determine the matter – whether the Fair Work Act 2009 requires action to be brought in Federal or State Magistrates Court.

Commonwealth Constitution Chapter III

Fair Work Act 2009 (Cth), ss 11, 12, 27, 117, 548, 565, Ch 4, Sch 3

Miscellaneous Award 2010 (Cth)

Queensland Civil and Administrative Tribunal Act 2009, ss 32, 52

Baxter v NSW Clickers; Association (1909) 10 CLR 114
Centurion International Corporation Pty Ltd v Coetzee  [2011] QCATA 14
DMW v CGW  ; (1982) 151 CLR 491; [1982] HCA 73
Halasagi v George Weston Foods Ltd [2010] FWA 6503
Hehir v Schweitzer Engineering Laboratories Pty Ltd [2011] FWA 3763
J F Hodge Pty Ltd (trading as Outback Refrigeration) v Brown APL 337-12
Marine Coatings of Alabama Inc v United States  of America (1986) 792 F 2d 1565
McMenemy v Thomas Duryea Consulting Pty Ltd (t/a Thomas Duryea Consulting) [2012] FWAFB 7184
Nunn v Baker  (1987) 518 So 2d 711
Parisienne Basket Shoes  Pty Ltd  v Whyte (1938) 59 CLR 369
Rail Corporation of NSW v Nebax Constructions  [2012] NSWSC 6
R v Federal Court of Australia; Ex parte Pilkington ACI (Operations) Pty Ltd  (1978) 142 CLR 113
Thorpe v Charles Sturt City Corporation (1999) 103 LGERA 395; [1999] SASC 10
Tucker v Digital Diagnostic Imaging Pty Ltd [2011] FWA 1767
Wall v the Queen; Ex parte King Won (No 1) (1927) 39 CLR 245

Wiechers v Sodexo  Remote Sites [2012] QCAT 16

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

  1. On 3 May 2012, in the decision of a Minor Civil Dispute, the appellant, Sean Raymond McGarry (“McGarry”) was ordered to pay to the respondent John Coates…

Continue reading McGarry v Coates

Sign in free to access the full text

Details
AGLC
McGarry v Coates [2013] QCATA 32
Case
[2013] QCATA 32
Decision Date

CaseChat Overview and Summary

The case of McGarry v Coates involved a claim by the applicant, John Coates, for wages due under an award. The matter was brought before the Queensland Civil and Administrative Tribunal (QCAT), which issued a decision and award on 3 May 2012. The respondent, McGarry, filed an application on 23 May 2012 challenging QCAT's jurisdiction to hear and determine the matter, arguing that the Fair Work Act 2009 required the claim to be brought in a Federal or State Magistrates Court. The central issue before the Court was whether QCAT had the jurisdiction to hear and determine the matter, and if not, whether the claim should be transferred to the appropriate court.

The Court considered the jurisdictional framework established by the Fair Work Act 2009, which provides for the resolution of certain employment disputes in Federal or State Magistrates Courts. The Court noted that the Act does not expressly confer jurisdiction on QCAT to hear claims for wages due under an award, and that the Federal Magistrates Court has exclusive jurisdiction to hear such claims. The Court found that QCAT did not have jurisdiction to hear the matter and set aside the decision and award made on 3 May 2012. The Court also transferred the application filed on 23 May 2012 to the Magistrates Court of Queensland at Pine Rivers, with proceedings deemed to have commenced on that date.

The Court granted leave to appeal and upheld the appeal, finding that the application should have been brought in the Magistrates Court. The Court set aside the decision and award made by QCAT, transferred the application to the appropriate court, and ordered that the applicant be taken to have complied with all requirements of the Fair Work Act 2009 for commencement and hearing in the said Court of a small claims procedure. The Court also granted liberty to each party to apply for further directions upon 7 days' notice in writing to the other party and to the Tribunal.

Orders

Orders of the court

1. Leave to appeal granted.

2. Appeal upheld.

3. The Decision and award made on 3 May 2012 is set aside.

4. The Application filed on 23 May 2012 is transferred to the Magistrates Court of Queensland at Pine Rivers.

5. Proceedings in the said Court shall be taken to have commenced on 23 May 2012.

6. The applicant John Coates shall be taken to have complied with all requirements of the Fair Work Act 2009 (Cth) for commencement and hearing in the said Court of a small claims procedure, within the meaning of section 548 of the said Act.

7. Liberty to each party to apply for further directions upon 7 days’ notice in writing to the other party and to the Tribunal.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.