Hargreaves, Tony v National Safety Council of Australia Ltd [1997] FCA 763

FEDERAL COURT OF AUSTRALIA

INDUSTRIAL LAW - complaint of unlawful termination - whether employee's "relevant wages" exceeded the applicable amount under s 170CD Workplace Relations Act - whether education expenses constituted "relevant wages" - whether necessary to grant extension of time in which to commence application

PRACTICE AND PROCEDURE - decision on separate question

Workplace Relations Act 1996 ss 170CD, 170EA Ardino v Count Financial Group Pty Limited 1 IRCR 221 Gurran v Tarbrook Pty Ltd unreported, IRCA, Lee J, 13 September 1996 TONY HARGREAVES v NATIONAL SAFETY COUNCIL OF AUSTRALIA LTD VI 2870 of 1995 MARSHALL J MELBOURNE 12 AUGUST 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VI 2870 of 1995 ) GENERAL DIVISION )

BETWEEN: TONY HARGREAVES

Applicant

AND: NATIONAL SAFETY COUNCIL OF AUSTRALIA LTD

Respondent

JUDGE: MARSHALL J PLACE: MELBOURNE DATED: 12 AUGUST 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. The separate questions be answered as follows: Question 1: Is the application competent having regard to s 170CD(1)(a) of the Workplace Relations Act 1996 ("the Act")? Answer: Yes. Question 2: Does Mr Hargreaves require an extension of time pursuant to s 170EA(3)(b) of the Act, and if so, should such an extension be granted? Answer: No, but if necessary an extension should be granted. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VI 2870 of 1995 ) GENERAL DIVISION )

BETWEEN: TONY HARGREAVES

Applicant