FEDERAL COURT OF AUSTRALIA
Perry v Commonwealth of Australia [2017] FCA 943
File number: VID 781 of 2014 Judge: TRACEY J Date of judgment: 18 August 2017 Catchwords: CONTRACTS – whether contract between the applicant and the Commonwealth – whether Commonwealth breached that contract by failing to pay the applicant a certain amount upon voluntary retrenchment – whether payment of such an amount was provided for in express contractual terms contained an information booklet – whether such contractual terms were to be implied – where booklet provided to the applicant when employed by the State of Victoria as a meat industry inspector – where the applicant subsequently accepted an offer to transfer to Commonwealth employment
INDUSTRIAL LAW – whether the alleged contractual terms constituted a “safety net contractual entitlements” under s 542 of the Fair Work Act 2009 (Cth)
Legislation: Administrative Arrangements Act 1987 (Cth) s 11(7)
Conciliation and Arbitration Act 1904 (Cth) s 41A
Fair Work Act 2009 (Cth) ss 12, 61(1), 61(2), 61(2)(i), 542, 543
Federal Court of Australia Act 1976 (Cth) s 21
Meat Inspection Act 1983 (Cth)
Public Service Act 1922 (Cth) Pt III, Div 9A, ss 7(1), 7(1)(b), 81A, 81B, 81B(1), 81B(5)
Superannuation Act 1976 (Cth)
Abattoir and Meat Inspection (Arrangements) Act 1987 (Vic) ss 5, 6, 7
Public Sector Superannuation (Administration) Act 1993 (Vic)
Public Service Act 1974 (Vic)
State Superannuation Act 1988 (Vic)
Superannuation Act 1958 (Vic) ss 35, 35(1)
Cases cited: Atco Controls Pty Ltd (In liq) v Newtronics Pty Ltd (Receivers and Managers Appointed) (2009) 25 VR 411; [2009] VSCA 238
Chapman v Commissioner, Australian Federal Police (1983) 50 ACTR 23
Chapman v Reilly [1985] FCA 185
Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451; [2004] HCA 35
Director-General of Education v Suttling (1987) 162 CLR 428
Toll (FGCT) Pty Limited v Alphapharm Pty Limited (2004) 219 CLR 165; [2004] HCA 52
Date of hearing: 15 and 16 June 2016, 5 July 2016 Date of last submissions: 8 July 2016 (Applicant) Registry: Victoria Division: Fair Work Division National Practice Area: Employment & Industrial Relations Category: Catchwords Number of paragraphs: 104 Counsel for the Applicant: Mr L Armstrong QC with Mr T Chalke Solicitor for the Applicant: Charles Morgan & Associates Counsel for the Respondent: Mr T Howe QC with Ms K Bennett of the Australian Government Solicitor Solicitor for the Respondent: Australian Government Solicitor ORDERS
VID 781 of 2014 BETWEEN: PETER DAVID PERRY
Applicant
AND: COMMONWEALTH OF AUSTRALIA
Respondent
JUDGE:
TRACEY J
DATE OF ORDER:
18 AUGUST 2017
THE COURT ORDERS THAT:
1.The application be dismissed with costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
TRACEY J:
In 1988 meat inspection services which were formerly provided by the State of Victoria were transferred to the Commonwealth. Meat inspectors who were employed by the State were offered equivalent employment in the Commonwealth public service. The applicant, Mr Peter Perry, was one of those inspectors.
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- Case
- [2017] FCA 943
- Decision Date
CaseChat Overview and Summary
The central legal issues in this case involved whether an enforceable contract existed between Mr. Perry and the Commonwealth, and if so, whether the Commonwealth breached this contract by not paying him the specified amount upon retrenchment. Additionally, the court had to determine if the alleged contractual terms constituted "safety net contractual entitlements" under section 542 of the Fair Work Act 2009 (Cth). This section of the Act pertains to the rights of employees when transitioning from one employer to another within the public sector.
The Federal Court examined the various documents and statutory provisions that governed the conditions under which meat inspectors transitioned from State to Commonwealth employment. The court found that while the information booklet did provide details about the conditions of service, there was no explicit contractual obligation for the Commonwealth to pay Mr. Perry a certain amount upon retrenchment. Furthermore, the court determined that the terms outlined in the booklet were not to be implied in the employment contract with the Commonwealth. As a result, the court held that Mr. Perry's application was without merit and dismissed it with costs.
Orders
Orders of the court
1. The application be dismissed with costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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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