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Whitfield v One Key Resources Pty Ltd

Whitfield v One Key Resources Pty Ltd

Case [2014] FCCA 553 2 April 2014

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FEDERAL CIRCUIT COURT OF AUSTRALIA

WHITFIELD v ONE KEY RESOURCES PTY LTD

[2014] FCCA 553

Catchwords:
INDUSTRIAL LAW – Whether small claim or general protections court claim – criteria to be met for a small claim – whether claim for “an amount that an employer was required to pay to … an employee” – whether extension of time to be granted to file general protections court claim.

PRACTICE AND PROCEDURE – Industrial law – whether claim under small claims procedure or general protections court claim.

PRACTICE AND PROCEDURE – Industrial law – general protections court claim – whether extension of time to be granted to file general protections court claim – Brodie-Hanns factors – consideration of factors.

WORDS AND PHRASES – “and” – “was” – “was required to pay to”.

Legislation:

Fair Work Act 2009 (Cth), ss.340, 368, 369, 370, 371, 544, 545, 548

Fair Work Amendment Act 2013 (Cth), ss.2(1), 3
Fair Work Regulations 2009 (Cth)
Federal Circuit Court Rules 2001 (Cth), r.45.06

Australian Licenced Aircraft Engineers Association v International Aviation Service Assistance Pty Ltd (2011) 193 FCR 526; [2011] FCA 333
AZACM v Minister for Immigration & Citizenship [2013] FCA 710
Brodie-Hanns v MTV Publishing Ltd (1995) 67 IR 298
BZABK v Minister for Immigration & Citizenship & Anor (2012) 205 FCR 83; [2012] FCA 774
Clarkev Service to Youth Council Incorporated [2013] FCA 1018
Dingwall v Commissioner of Taxation (1995) 57 FCR 274
Groves v Chadwick [2013] FCCA 1269
Hughes v Mainrange Corporation Pty Ltd (2009) 190 IR 191; [2009] FMCA 1025
Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344
McPaul v CPC Engineering Pty Ltd [2013] FMCA 71
Owen v Cudeco Ltd [2013] FCCA 1827
Re The Licensing Ordinance (1968) 13 FLR 143
Ritchie v Chubb Security Services Ltd (2010) 196 IR 174; [2010] FMCA 361
Rothnie v St John of God Hospital (Subiaco) [2014] FCCA 159
Secretary, Department of Employment, Education, Training and Youth Affairs v Gray (1999) 91 FCR 254; [1999] FCA 1150
Sibert v Tiwi Islands Shire Council (No.2) [2012] FMCA 1100
Transport Workers’ Union v School Bus Contractors Pty Ltd (2011) 201 IR 327; [2011] FMCA 28
Transport Workers Union of Australia v National Dairies Limited (No. 2) (1994) 57 IR 186
Transport Workers’ Union of Australia v Transit Systems WA Pty Ltd (2012) 224 IR 436; [2012] FMCA 637
Turner v K&J Trucks Coffs Harbour Pty Limited (1995) 61 IR 412
Yousef v Taxsmart Group Pty Ltd & Anor [2013] FCCA 2089

Oxford English Dictionary,

Applicant:

SHANNAN COLIN WHITFIELD

Respondent:

ONE KEY RESOURCES PTY LTD

File Number:

PEG 267 of 2013

Judgment of:

Judge Antoni Lucev

Hearing date:

21 March 2014

Date of Last Submission:

21 March 2014

Delivered at:

Perth

Delivered on:

2 April 2014

REPRESENTATION

For the Applicant:

In person

Counsel for the Respondent:

Mr M Moy

Solicitors for the Respondent:

McCullough Robertson Lawyers

ORDERS

The name of the respondent be amended to “One Key Resources Pty Ltd”.
The applicant’s application for…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Whitfield v One Key Resources Pty Ltd

Details

AGLC: Whitfield v One Key Resources Pty Ltd [2013] FCCA 2089
Case: [2014] FCCA 553
Decision Date: 2 April 2014

CaseChat Overview and Summary

The applicant, Mr. Whitfield, brought proceedings against his former employer, One Key Resources Pty Ltd, in the Industrial Relations Court of Western Australia. The dispute concerned Mr. Whitfield's claim for unpaid entitlements and alleged breaches of general protections provisions under the *Fair Work Act 2009* (Cth). A key procedural issue was whether Mr. Whitfield's claim should be treated as a "small claim" or a "general protections court claim," which carried different procedural and jurisdictional implications.

The court was required to determine two primary legal issues. Firstly, it had to ascertain whether Mr. Whitfield's claim for unpaid entitlements fell within the definition of a "small claim" as defined by the relevant legislation, specifically whether it constituted a claim for "an amount that an employer was required to pay to... an employee." Secondly, the court needed to consider whether to grant an extension of time for Mr. Whitfield to file his general protections court claim, applying the established *Brodie-Hanns* factors.

In addressing the first issue, the court analysed the wording of the "small claim" provision, focusing on the phrase "was required to pay to." It concluded that Mr. Whitfield's claim for unpaid entitlements, which arose from an alleged breach of contract and statutory obligations, did not fit the narrow definition of a small claim. The court found that the claim was not for an amount that the employer was *already* required to pay, but rather an amount that was in dispute and required determination by the court. Regarding the extension of time for the general protections claim, the court considered the *Brodie-Hanns* factors, including the length of the delay, the reasons for the delay, and the prejudice to the respondent. After weighing these factors, the court determined that an extension of time was warranted.

Orders