Barrick v Qantas Flight Catering Limited [2007] FCA 835

FEDERAL COURT OF AUSTRALIA

Barrick v Qantas Flight Catering Limited [2007] FCA 835

TRADE PRACTICES – misleading and deceptive conduct – unconscionable conduct – whether statements in industrial proceedings are representations or conduct in trade and commerce – whether testimony of corporation's employees in criminal proceedings are representations or conduct of corporation in trade and commerce – where either can be considered to be undertaken in trade and commerce – where criminal proceeding testimony of corporation's employees is not conduct of the corporation

WORKPLACE RELATIONS – whether employee acting within actual or ostensible authority in committing intentional illegal acts – whether employer can be vicariously liable for illegal conduct of employee – where employer can not be liable for employee's intentionally illegal conduct not done in the intended pursuit of the employer's interests or in ostensible pursuit of the employer's business or in the apparent execution of authority which the employer holds out the employee as having

WORKPLACE RELATIONS – whether Award breached by employer – whether employer liable for penalties under s 178 Workplace Relations Act – where Award either not breached or employee unable to take advantage of breach brought about by criminal conduct to which the employee was privy – where no evidence of underpayment of wages to trigger penalty.

WORKPLACE RELATIONS – superannuation contributions – whether obligation to make contributions – whether breach of s 178(6A) Workplace Relations Act – where no superannuation obligation imposed on employer

Trade Practices Act 1974 (Cth), s 51AA, 52, 80, 82 and 84 Workplace Relations Act 1996 (Cth), 178, 178(6A)

Carole Ann Barrick v Qantas Flight Catering Limited [2001] AIRC 110, cited Carole Ann Barrick re Carole Ann Barrick v Qantas Flight Catering Limited [2002] AIRC 91, cited Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594, applied Deatons Proprietary Limited v Flew (1949) 79 CLR 370, applied New South Wales v Lepore (2003) 212 CLR 511, applied Byrne v Australian Airlines Limited (1995) 195 CLR 410, applied