Federal Court of Australia
Federal Court of Australia
Thiess Pty Ltd v Sheehan [2020] FCAFC 198 Appeal from: Application for leave to appeal: Sheehan v Thiess Pty Ltd [2019] FCA 1762
File number: WAD 566 of 2019
Judgment of: FLICK, KERR AND SNADEN JJ
Date of judgment: 16 November 2020
Catchwords: INDUSTRIAL LAW – construction of enterprise agreement project working hours – hours for which an employee should be paid – dispute as to when project working hours ended – whether on departure from crib hut in particular location at which day's work takes place or on exit through access gates to whole site INDUSTRIAL LAW – principles of construction PRACTICE AND PROCEDURE – recusal – apprehension of bias – whether prior professional relationship between judge and party should disqualify the former from sitting – whether bias is reasonably apprehended – recusal not appropriate
Legislation: Federal Court of Australia Act 1976 (Cth) s 24, Pt IVA Fair Work Act 2009 (Cth) – pt 2-4, div 4 – ss 187 and 570
Cases cited: Automatic Fire Sprinklers Pty Ltd v Watson (1946) 72 CLR 435 British American Tobacco Australia Ltd v Gordon [2007] NSWSC 109 Brooks v The Upjohn Company (1998) 85 FCR 469 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Gascor t/as Gas & Fuel v Ellicott, Esso Australia Resource Ltd & BHP Petroleum (NW Shelf) Pty Ltd [1997] 1 VR 332 Kirby v Centro Properties Limited (No 2) (2008) 172 FCR 376 Livesey v The New South Wales Bar Association (1983) 151 CLR 288 Parramatta Design & Developments Pty Ltd v Concrete Pty Ltd (2005) 144 FCR 264 R v Judge Russell; ex parte Reid (1984) 35 SASR 417 Re JRL; ex parte CJL (1986) 161 CLR 342 Re Polites; ex parte Hoyts Corporation Pty Ltd (1991) 173 CLR 78 Re Thiess Pty Ltd [2012] FWAA 7466 S&R Investments Pty Ltd v Minister for Planning [2001] WASC 255 Seven Network Limited v News Limited [2005] FCAFC 125, (2005) 144 FCR 379 Western Australia v Watson [1990] WAR 248
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