| 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 |
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
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…
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- AGLC
- McGarry v Coates [2013] QCATA 32
- Case
- [2013] QCATA 32
- Decision Date
CaseChat Overview and Summary
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
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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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