Khiani v Australian Bureau of Statistics [2011] FCAFC 109

FEDERAL COURT OF AUSTRALIA

Khiani v Australian Bureau of Statistics [2011] FCAFC 109 Citation: Khiani v Australian Bureau of Statistics [2011] FCAFC 109

Appeal from: Khiani v Australian Bureau of Statistics [2010] FCA 1059

Parties: ANITA KHIANI v AUSTRALIAN BUREAU OF STATISTICS

File number: ACD 38 of 2010

Judges: GRAY, COWDROY & REEVES JJ

Date of judgment: 24 August 2011

Catchwords: INDUSTRIAL LAW – general protections application – causal connection between adverse action and workplace right – existence or exercise of a workplace right – whether open to appellant to argue that workplace right denied to her – whether fact that appellant was on sick leave when invited to respond to preliminary decision to dismiss her was a cause of her dismissal – whether open to appellant to challenge validity of actions alleged to amount to adverse action – whether certified agreement still in operation after its nominal expiry date and after repeal of legislation under which it was made – whether open to respondent to rely on acts done prior to repeal of earlier legislation INDUSTRIAL LAW – Costs – unsuccessful appeal – whether instituted without reasonable cause – error of primary judge not leading to success on appeal

Legislation: Fair Work Act 2009 (Cth) ss 12, 340(1), 341(1), 342(1), 352, 360, 361, 361(1), 365, 368, 369, 371(1), 391, 570(1), 575 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Item 1 Sch 2, Item 2 Sch 2, Item 4(1)(a) Sch 2, Item 2 Sch 3, Item 2(g) Sch 3 Public Service Act 1999 (Cth) ss 29(1), 78(7) Workplace Relations Act 1996 (Cth) ss 4(1), 170LT, 170LX, 170LX(1), 170LX(2), Item 1 Sch 7, Item 2(1)(f) Sch 7, Item 3(1) Sch 7, Workplace Relations Amendment (Work Choices) Act 2005 (Cth) Sch 1