Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shea v EnergyAustralia Services Pty Ltd [2014] FCAFC 167 Citation: Shea v EnergyAustralia Services Pty Ltd [2014] FCAFC 167
Appeal from: Shea v TRUenergy Services Pty Ltd (No 6) [2014] FCA 271 Shea v Energy Australia Services Pty Ltd (No 7) [2014] FCA 1091
Parties: KATE SHEA v ENERGYAUSTRALIA SERVICES PTY LTD
File number: VID 214 of 2014
Judges: RARES, FLICK & JAGOT JJ
Date of judgment: 8 December 2014
Catchwords: INDUSTRIAL LAW – workplace rights – right to make a complaint – need for the complaint to be a genuine complaint PRACTICE AND PROCEDURE – alleged failure to consider the entirety of the evidence – adverse inference from witnesses not called
Legislation: Fair Work Act 2009 (Cth) ss 3, 336, 340, 341, 342, 361, 570
Cases cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170, applied Australian Securities and Investments Commission v Hellicar [2012] HCA 17, (2012) 247 CLR 345, cited Board of Bendigo Regional Institute of Technical and Further Education v Barclay (No 1) [2012] HCA 32, (2012) 248 CLR 500, referred to Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41, (2014) 88 ALJR 980, referred to Jones v Dunkel (1959) 101 CLR 298, considered Jones v Queensland Tertiary Admissions Centre Ltd (No 2) [2010] FCA 399, (2010) 186 FCR 22, referred to Shea v TruEnergy Services Pty Ltd (No 4) [2013] FCA 936, considered Shea v TRUenergy Services Pty Ltd (No 6) [2014] FCA 271, affirmed Shea v Energy Australia Services Pty Ltd (No 7) [2014] FCA 109, affirmed
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