Federal Court of Australia
Federal Court of Australia
United Workers Union v Compass Group Healthcare Hospitality Services Pty Ltd [2023] FCAFC 92 Appeal from: United Workers' Union v Compass Group Healthcare Hospitality Services Pty Ltd and Compass Group Australia [2022] SAET 151
File number: SAD 189 of 2022
Judgment of: RARES, O'SULLIVAN AND FEUTRILL JJ
Date of judgment: 16 June 2023
Catchwords: INDUSTRIAL LAW – entitlement to redundancy pay under s 119(1)(a) of Fair Work Act 2009 (Cth) – where employer provided employees to work at employer's clients' sites under contracts to provide labour services to client for renewable term – where employment contracts referred to employer's contract with client without mentioning duration – where many employees worked at sites continuously through renewals of employer's client contracts – where employer terminated employees because client terminated employer's contract – whether employees' terminations "due to the ordinary and customary turnover of labour" within meaning of s 119(1)(a) – whether reasonable person in position of employer and employees would have understood or expected jobs were of permanent or ongoing nature – whether employees entitled to redundancy pay under s 119(1)(a) – Held: appeal allowed
Legislation: Fair Work Act 2009 (Cth) ss 12, 44(1), 119, 121(1)(a), (2), 123(1), (2), 389, 546(1), 565(1) Fair Work Regulations 2009 (Cth) reg 1.05
Cases cited: Amcor Ltd v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241 Berkeley Challenge Pty Ltd v United Voice (2020) 279 FCR 249 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Delta FM Australia Pty Ltd (2021) 308 IR 94 Concut Pty Ltd v Worrell (2000) 176 ALR 693 Fair Work Ombudsman v Spotless Services Australia Ltd [2019] FCA 9 Federal Commissioner of Taxation v Sara Lee Household & Body Care (Australia) Pty Ltd (2000) 201 CLR 520 Treasury Wine Estates Vintners Ltd v Pearson (2019) 268 FCR 12 Warren v Coombes (1979) 142 CLR 531
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