FEDERAL MAGISTRATES COURT OF AUSTRALIA
| RENTUZA v WESTSIDE AUTO WHOLESALE | [2009] FMCA 1022 |
| INDUSTRIAL LAW – Alleged unlawful termination – unlawful termination court application – requirement for s.777 Certificate to be attached – mandatory requirement – jurisdiction where no s.777 Certificate. COSTS – Whether unreasonable act or omission caused a party to incur costs. |
| Fair Work Act 2009, ss.539(2), 545(2)(b), 570, 592(3), 772, 773, 774, 775, 776, 777, 778, 779 Federal Magistrates Act 1999 (Cth), s.79(3) Federal Magistrates Court Rules 2001 (Cth), r.45.07 |
| Australian and International Pilots Association v Qantas Airways Ltd (No.3) (2007) 162 FCR 392; [2007] FCA 879 Construction, Forestry, Mining and Energy Union v Clarke (2008) 170 FCR 574; [2008] FCAFC 143 Federated Engine-Drivers & Firemen’s Association v Broken Hill Proprietary Co Ltd (1911) 12 CLR 398 McAleer v University of Western Australia (No.2) (2007) 161 IR 151; [2007] FCA 247 R v Bolton [1835-42] All ER Rep 71 Re Boulton; Ex parte Construction, Forestry, Mining and Engineering Union (1998) 73 ALJR 129 |
| Applicant: | DEBRA LEE RENTUZA |
| Respondent: | WESTSIDE AUTO WHOLESALE |
| File Number: | PEG 169 of 2009 |
| Judgment of: | Lucev FM |
| Hearing date: | 19 October 2009 |
| Date of Last Submission: | 19 October 2009 |
| Delivered at: | Perth |
| Delivered on: | 21 October 2009 |
REPRESENTATION
| Counsel for the Applicant: | Mr Arvind C Pillay |
| Solicitor for the Applicant: | Mr Arvind C Pillay |
| Counsel for the Respondent: | Mr J Raftos |
| Solicitors for the Respondent: | Minter Ellison |
ORDERS
The matter be dismissed for want of jurisdiction.
The applicant pay the respondent’s costs under s.570(2)(b) of the Fair Work Act 2009 (Cth) in the sum of $2,350 by 4.00pm on 19 November 2009.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT PERTH |
PEG 169 of 2009
| DEBRA LEE RENTUZA |
Applicant
And
| WESTSIDE AUTO WHOLESALE |
Respondent
REASONS FOR JUDGMENT
Orders made
When this matter came on for hearing before the Court on 19 October 2009 the Court made the following orders:
(1)The matter be dismissed for want of jurisdiction.
(2)The applicant pay the respondent’s costs under s.570(2)(b) of the Fair Work Act 2009 (Cth) in the sum of $2,350 by 4.00pm on 19 November 2009.
and indicated that reasons for judgment would be handed down at a later time. These are those reasons for judgment, published from Chambers.
Application
This is an application made to the Court’s Fair Work Division and said to be commenced within the Court’s jurisdiction under the Fair Work Act 2009 (Cth).[1]
[1] FW Act.
The application is accompanied by a Form 3 being a claim under the FW Act alleging unlawful termination of employment of the applicant, Ms Rentuza, by the respondent, Westside Auto Wholesale, on 1 September 2009.
The grounds of the claim of unlawful termination are set out at Part G, section 24, of the Form 3, and eschew all the grounds specified under s.772(1) of the FW Act and claim that the reasons for the unlawful termination are other reasons, details of which are given on an attached sheet. Those details are as follows:
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- Case
- [2009] FMCA 1022
- Decision Date
CaseChat Overview and Summary
The court identified the central legal issue as the mandatory requirement of a section 777 certificate for the court to have jurisdiction over the application for unlawful termination. Given the absence of this certificate, the court had to decide if it could proceed with the matter or if it was required to dismiss the application. Additionally, the court needed to assess whether the applicant's decision to proceed without the necessary certificate constituted an unreasonable act or omission, warranting an order for costs under section 570(2)(b) of the Fair Work Act.
Upon examining the statutory framework, the court determined that the absence of a section 777 certificate was a mandatory jurisdictional prerequisite. Consequently, the court lacked the authority to entertain the application, leading to its dismissal for want of jurisdiction. The court further found that the applicant's failure to secure the required certificate before filing the application was an unreasonable act or omission, justifying an award of costs to the respondent. The court ordered the applicant to pay the respondent's costs amounting to $2,350 by a specified deadline.
The final orders of the court were that the matter be dismissed for lack of jurisdiction and that the applicant pay the respondent's costs in the sum of $2,350 by 4.00pm on 19 November 2009.
Orders
Orders of the court
1.
The matter be dismissed for want of jurisdiction.
2.
The applicant pay the respondent’s costs under s.570(2)(b) of the Fair Work Act 2009 (Cth) in the sum of $2,350 by 4.00pm on 19 November 2009.
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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