Regional Express Holdings Ltd (ACN 099 547 270) v Clarke [2007] FCA 957

FEDERAL COURT OF AUSTRALIA

Regional Express Holdings Ltd (ACN 099 547 270) v Clarke [2007] FCA 957 PRACTICE AND PROCEDURE – appeal from Industrial Division of the Magistrates' Court of Victoria to a single judge

EMPLOYMENT LAW – certified agreement – contract and certified agreement contained provisions relating to training and termination – construction – contractual provision required payment of a training bond on voluntary termination by employee – priority given to certified agreement in cases of inconsistency

COSTS – s 347 of the Workplace Relations Act 1996 (Cth) – relevant principles – whether proceeding issued "vexatiously or without reasonable cause"

Federal Court of Australia Act 1976 (Cth) s 25 Workplace Relations Act 1996 (Cth) Amcor Ltd v Construction, Forestry, Mining and Energy Union(2005) 214 ALR 56 cited Amcor Ltd v Construction, Forestry, Mining and Energy Union [2003] FCAFC 57 cited Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Ardmona Foods Ltd [2006] FCA 1039 cited Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Nestle Australia Limited (2005) 146 IR 379 referred to ACTEW Corporation Ltd v Pangallo (2002) 127 FCR 1 referred to Byrne v Australian Airlines Limited (1995) 185 CLR 410 cited Commonwealth Bank of Australia v Finance Sector Union of Australia (2007) 157 FCR 329 referred to Construction, Forestry, Mining and Energy Union v Gordonstone Coal Management Pty Ltd (1997) 78 FCR 437 referred to Council of Kangan Batman Institute of Technology and Further Education v Australian Industrial Relations Commission (2006) 156 FCR 275 applied Hatchett v Bowater Tutt Industries Pty Ltd (No.2) (1999) 28 FCR 324 applied Josephson v Walker (1914) 18 CLR 691 referred to Kidd v Savage River Mines (1984)6 FCR 398 cited McLennan v Surveillance Australia Pty Ltd (2005) 142 FCR 105 applied R v Spicer; Ex parte Truth and Sportsman Ltd (1957) 98 CLR 48 cited Spotless Services Australia Limited v Marsh SDP [2004] FCAFC 155 cited Textile, Clothing and Footwear Union of Australia v Givoni Pty Ltd (2002) 121 IR 250 cited Transport Workers' Union of Australia v Graham Meyrick Lee [1998] FCA 756 referred to United Firefighters' Union of Australia v Country Fire Authority [2007] FCA 853 distinguished Yango Pastoral Company Pty Limited v First Chicago Australia Limited (1978) 139 CLR 410 distinguished REGIONAL EXPRESS HOLDINGS LTD (ACN 099 547 270) v MATTHEW CLARKE VID 86 OF 2006