Weeks v Commissioner of Taxation [2013] FCAFC 78

FEDERAL COURT OF AUSTRALIA

Weeks v Commissioner of Taxation [2013] FCAFC 78 Citation: Weeks v Commissioner of Taxation [2013] FCAFC 78

Appeal from: Weeks v Commissioner of Taxation & Anor [2012] FMCA 502

Parties: CHERYL ROBYN WEEKS v COMMISSIONER OF TAXATION and COMMONWEALTH OF AUSTRALIA

File number: QUD 219 of 2012

Judges: DOWSETT, BESANKO AND ROBERTSON JJ

Date of judgment: 15 February 2013

Corrigendum 20 February 2013

Catchwords: INDUSTRIAL LAW – appeal from Federal Magistrates Court dismissing application – where the appellant claimed declarations, compensation and pecuniary penalties for breaches of an enterprise agreement contrary to s 50 of Fair Work Act 2009 (Cth) – whether the National Program Manager did not receive notice of the dispute until 20 November 2009 – whether there was a waiver of the obligation on the National Program Manager to arrange a conference within the terms of the ATO (Executive Level 2) Agreement 2009 – whether there was a denial of procedural fairness in relation to the preparation of a Business Case – whether there was a breach of clause 5 of the ATO (Executive Level 2) Agreement 2009 – whether there was an obligation on the respondents to pay salary to the appellant when she was on leave. Held: The appeal be dismissed. The respondents given the opportunity to consider the Court's reasons before deciding whether to apply for costs.

Legislation: Acts Interpretation Act 1901 (Cth) ss 28, 28A, 46 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Sch 3 cl 2(3), Sch 16 cl 2 Fair Work Act 2009 (Cth) ss 14, 50, 545, 570 Legislative Instruments Act 2003 (Cth) s 13 Public Service Act 1999 (Cth) ss 13, 22, 33, 29, Taxation Administration Act 1953 (Cth) ss 4, 4A Workplace Relations Act 1996 (Cth) s 824