Williams v Macmahon Mining Services Pty Ltd

Case [2009] FMCA 511


FEDERAL MAGISTRATES COURT OF AUSTRALIA

WILLIAMS v MACMAHON MINING SERVICES PTY LTD [2009] FMCA 511
INDUSTRIAL LAW – whether employee a casual employee – whether employee entitled to annual leave.
INDUSTRIAL LAW – entitlement to annual leave – whether set-off available.
ESTOPPEL – Whether estoppel defeats statutory guarantee.
CONTRACT – Mistake – rectification.
Acts Interpretation Act 1901(Cth), s.15AA
Industrial Relations Act 1979 (WA), s.85
Workplace Relations Act 1996 (Cth), ss.5(1), 178, 182, 185, 186, 227, 228, 232, 233, 235, 262, 264, 635, 638(1), (4), (5), (11) and (12)
Doyle v Sydney Steel Co Ltd (1936) 56 CLR 545
Hamzy v Tricon International Restaurants and Another (2001) FCR 78; [2001] FCA 1589
James Turner Roofing Pty Ltd v Peters [2003] WASCA 28
McGhie v Fremantle Lumpers Union (1937) 39 WALR 111
McLennan v Surveillance Australia Pty Ltd (2005) 142 FCR 105; [2005] FCAFC 46
Mander Pty Ltd v Clements [2005] WASCA 67
Melrose Farm Pty Ltd trading as Milesaway Tours v Milward [2008] WASCA 175
Metropolitan Health Service Board v Australian Nursing Federation (2000) 99 FCR 95; [2000] FCA 784
Mill v Avenga Pty Ltd [2008] AIRC 1163
Mill v Avenga Pty Ltd [2008] AIRCFB 789
Nightingale v Little Legends Child Care (2004) 134 IR 111
Payne v Howison (unreported, Industrial Relations Commission of New South Wales in Court Session, No. 389206, 26 September 1997)
Personnel Contracting Pty Ltd t/as Tricord Personnel v The Construction Forestry Mining and Energy Union of Workers [2004] WASCA 312
Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355
R v Casey; R v Smythe [1977] Qd R 132
Reed v Blue Line Cruises Ltd (1996) 73 IR 420
Regional Express Holdings Ltd v Clarke (2007) 165 IR 251; [2007] FCA 957
Serco (Aust) Pty Ltd v Moreno (1966) 65 IR 145
Textile, Clothing and Footwear Union of Australia v Givoni Pty Ltd (2002) 121 IR 250; [2002] FCA 1406
The Club Cape Schanck Resort Co Ltd v Cape Country Club Pty Ltd (2001) 3 VR 526; [2001] VSCA 2
Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107
RP Meagher, JD Heydon and MJ Leeming (Eds) Meagher, Gummow and Lehane’s Equity Doctrine and Remedies (4th Edn) (Chatswood: Butterworths LexisNexis, 2002)
Applicant: ADRIAN CLIFFORD WILLIAMS
Respondent: MACMAHON MINING SERVICES PTY LTD
File Number: PEG 83 of 2008
Judgment of: Lucev FM
Hearing date: 5 November 2008
Date of Last Submission: 5 November 2008
Delivered at: Perth
Delivered on: 28 May 2009

REPRESENTATION

Counsel for the Applicant: Mr D.H. Schapper
Solicitors for the Applicant: Derek Schapper Solicitor
Counsel for the Respondent: Mr T.H.F. Caspersz and Ms R. Harding
Solicitors for the Respondent: Jackson McDonald

DECLARATIONS AND ORDERS

DECLARATIONS

The Court declares that:

  1. Mr Williams was:

    (a)not a casual employee for the purposes of s.227 of the WR Act; and

    (b)subject to declaration (2) below, entitled to annual leave payment for accrued annual leave on termination of employment in accordance with ss.232…

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Details
AGLC
Williams v Macmahon Mining Services Pty Ltd [2009] FMCA 511
Case
[2009] FMCA 511
Decision Date

CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) involved Mr Williams, a former employee, and Macmahon Mining Services Pty Ltd, his employer. The dispute centred on Mr Williams' entitlement to be compensated for accrued annual leave upon the termination of his employment, as well as other related matters. The case was heard and determined by the FWC, which was tasked with interpreting employment law and resolving the issues at hand.

The central legal issues that the FWC had to address included whether Mr Williams was entitled to payment for his accrued annual leave, and if so, what the appropriate amount of compensation would be. Additionally, the FWC had to consider whether there were any set-offs or deductions that Macmahon Mining could make from the amount owed to Mr Williams, and whether these were lawful under the relevant employment laws and awards. The determination of these issues was pivotal in ensuring that both parties' rights and obligations were properly balanced and enforced.

In its reasoning, the FWC examined the relevant provisions of the applicable awards, as well as the common law principles that govern the payment of accrued annual leave in cases of employment termination. The FWC concluded that Mr Williams was indeed entitled to payment for his accrued annual leave, subject to any lawful set-offs that Macmahon Mining might be able to make. The FWC found that the employer had not provided sufficient evidence to justify any set-offs, and accordingly, ordered that Mr Williams should be paid his accrued annual leave. The matter of the precise form of the order and the assessment of any potential set-offs was left for the parties to determine through further negotiations or legal proceedings. The FWC also reserved the question of costs and scheduled a directions hearing to manage the progression of the case.

Orders

Orders of the court

The Court orders:

3.

The parties to confer on the appropriate form of an order, if any, to reflect Mr Williams’ entitlement to be paid accrued annual leave upon termination of employment taking into account any set-off to which Macmahon Mining is entitled.

4.

Costs, if any, be reserved.

5.

The matter be adjourned to a directions hearing at 9.45am on 12 June 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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