Nemeth t/a Lockyer Valley Fencing v Barton

Nemeth trading as Lockyer Valley Fencing brought a claim against Barton in the Queensland Civil and Administrative Tribunal (QCAT) for unpaid wages and interest, alleging that Barton, an employee, was owed money for work done under a contract of employment. Barton defended the claim on the basis that it was not within QCAT's jurisdiction because it was a claim under an award made under the Fair Work Act 2009 (Cth). Barton further argued that the claim should be dismissed because the contract of compromise mediated by the Fair Work Ombudsman should be enforced under the Fair Work Act and not at common law. Barton applied for leave to appeal QCAT's decision to the Queensland Civil Appeals Court.

The primary issue before the court was whether QCAT had jurisdiction to hear Barton's claim for unpaid wages and interest. The court had to determine whether Barton's claim was a minor civil dispute within QCAT's jurisdiction or whether it fell under the federal jurisdiction of the Fair Work Act. Another issue was whether QCAT should have raised the jurisdictional issue on its own initiative. Finally, the court had to decide whether Barton should be granted leave to appeal.

The court held that QCAT did have jurisdiction to hear Barton's claim, as it was a minor civil dispute. However, the court found that QCAT should not have exercised its jurisdiction in this case because the contract of compromise mediated by the Fair Work Ombudsman should have been enforced under the Fair Work Act and not at common law. The court found that QCAT did not err in exercising its jurisdiction, but it should have raised the jurisdictional issue on its own initiative. The court granted Barton leave to appeal, limited to the award of interest, and allowed the appeal in part by reducing the total amount awarded from $1,643.13 to $1,569.52. The court amended the orders made on 11 June 2014 accordingly.