Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Eastern Colour Pty Ltd [2016] FCAFC 187 Appeal from: Fair Work Ombudsman v Eastern Colour Pty Ltd (No 3) [2016] FCA 186
File number: QUD 218 of 2016
Judges: JESSUP, BARKER AND WIGNEY JJ
Date of judgment: 22 December 2016
Catchwords: PRACTICE AND PROCEDURE – Finding that ostensible contractual arrangements were "shams" – Whether open on pleadings and the way parties conducted the case – Recitation of evidence given by witnesses – Whether conflicts in evidence considered and resolved – Retrial
Legislation: Workplace Relations Act 1996 (Cth) ss 719, 728 Federal Court of Australia Act 1976 (Cth) s 28
Cases cited: Actavis Pty Ltd v Orion Corporation [2016] FCAFC 121 Damevski v Giudice (2003) 133 FCR 438 Fair Work Ombudsman v Eastern Colour Pty Ltd [2011] FCA 803 Fair Work Ombudsman v Ramsey Food Processing Pty Ltd (2011) 198 FCR 174 Miles v Bull [1969] 1 QB 258 Sharrment Pty Ltd v Official Trustee in Bankruptcy (1988) 18 FCR 449
Date of hearing: 4 August 2016
Registry: Queensland
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 103
Counsel for the Appellant: Ms K Nomchong SC with Ms A Rose
Solicitor for the Appellant: Fair Work Ombudsman
Counsel for the Respondents: Mr W Friend QC with Mr C Massy
Solicitor for the Respondents: Hall Payne Lawyers
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