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[2010] FWA 7418
Fair Work Australia
2010-10-01
Original judgment source is linked above.
(#P35_2222) Respondent's material filed 17 September 2010 at paragraph 20 to 24.
(#P38_2524) Section 385(d) of the Act represented a jurisdictional hurdle if the respondent could demonstrate a genuine redundancy within the meaning of the Act.
(#P52_3874) Neither party sought that a hearing be conducted in this matter.
(#P93_7778) Explanatory Memorandum to the Fair Work Bill 2008.
(#P111_10904) General protections matters are treated as disputes by the Act.
(#P158_16129) Cheval Properties Pty Ltd t/as Penrith Hotel Motel v Janette Smithers [2010] FWSFB 7251, 17 September 2010, per Acton SDP, Cartwright SDP and Thatcher C.
(#P159_16463) This is reinforced in the Explanatory Memorandum to the Fair Work Bill 2008 at paragraph 1480.
(#P160_16644) Parker v Department of Human Services [2009] FWA 1638, per Whelan C.
(#P190_20162) Brodie-Hanns v MTV Publishing Ltd, (1995) 67 1R 298 at 300, 31 October 1995, per Marshall J.
(#P197_20613) Although also determined in a slightly different statutory context the decision in H Kyvelos V Champion Socks Pty Limited AIRC Print T2421, 10 November 2000, per Giudice J, Acton SDP, Gay C remains apposite.
(#P204_21450) This factor as referred to in Brodie-Hanns v MTV Publishing Ltd (cited in the Explanatory Memorandum) would appear to be capable of having a broader application than only employees within the business concerned. However, in my view it will rarely be of significant assistance if applied more broadly given that each case must be considered on its facts.
(#P205_22110) These include Trudgett v Training Aids Australia Pty Ltd [2010] FWA 2235, 22 March 2010 per Raffaelli C and Lane v Kangaroo Island Dive and Adventures Pty Ltd [2010] FWA 3939, 25 May 2010 per O'Callaghan SDP.
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