Vincent Lee Consulting Services Pty Ltd v Bourne [2009] FCA 480

FEDERAL COURT OF AUSTRALIA

Vincent Lee Consulting Services Pty Ltd v Bourne [2009] FCA 480

INDUSTRIAL LAW – claim in Industrial Relations Court of South Australia (IRCSA) – appeal from decision which covered entitlement to payment under Award over period partly before operation of Workplace Relations Amendment (Work Choices) Act 2005 (Cth) and partly after its commencement - observations about jurisdiction of Federal Court and of IRCSA to entertain appeal – nature of "matter" INDUSTRIAL LAW – appeal from Industrial Relations Court of South Australia – where that Court has made findings in its reasons for judgment – no formal orders made by Industrial Magistrate – whether Industrial Magistrate in substance finally determined the issue as to how the parties' legal rights were to be assessed – whether appeal from a "judgment, decree or order" – whether appeal to Federal Court competent INDUSTRIAL LAW – costs – consideration of s 824 Workplace Relations Act 1996 (Cth) – appeal from Industrial Relations Court of South Australia (IRCSA) – appeal instituted in Federal Court and IRCSA – notice of motion by appellant to stay appeal in Federal Court pending appeal in IRCSA – at hearing of notice of motion, appellant requested appeal to Federal Court be dismissed as incompetent – appeal dismissed – costs incurred by respondent in preparation for notice of motion – whether unreasonable act or omission by appellant to have issued notice of motion without addressing competency of appeal – whether unreasonable act by appellant to maintain stay motion, opposed by respondent, until indicating day before hearing of motion that it regarded appeal as incompetent – appellant to pay respondent's costs of and incidental to notice of motion Workplace Relations Amendment (Work Choices) Act 2005 (Cth) Notional Agreement Preserving the Health Recreation and Fitness Award (Cth) Notional Agreement Preserving the State Clerks' Award (Cth) Workplace Relations Act 1996 (Cth) Federal Court of Australia Act 1976 (Cth) Fair Work Act 1994 (SA) Clerks' Award (SA) Health Recreation and Fitness Award 1986 (SA) Industrial Relations Act 1972 (SA) South Australian Industrial Proceedings Rules (SA) ISS Health Support Services Pty Ltd v Duthie [2007] SAIRC 94 discussed R v Bevan; Ex parte Elias and Gordon (1942) 66 CLR 452 cited Fencott v Muller (1983) 152 CLR 570 cited Re Wakim; Ex parte McNally (1999) 198 CLR 511 cited Johnson Tiles Pty Ltd v Esso Australia Ltd (2000) 104 FCR 564 cited Kronen v Commercial Motor Industries Pty Ltd (CMI Toyota) [2008] FCAFC 171 discussed Attorney-General v Sillen (1864) 10 HL Cas 704 cited Grierson v R (1938) 60 CLR 431 cited State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in liq) (1999) 160 ALR 588 cited Moller v Roy (1975) 132 CLR 622 cited Ah Toy v Registrar of Companies (1985) 10 FCR 280discussed Hi-fert Pty Ltd v Kiukiang Maritime Carriers Inc (No 3) (1998) 86 FCR 374 cited Ah Toy v Registrar of Companies (1985) 10 FCR 356 discussed Citigroup Pty Ltd v Mason (2008) 167 FCR 217 cited Australian Telecommunications Commission v Colpitts (1986) 12 FCR 395 cited VINCENT LEE CONSULTING SERVICES PTY LTD v BELINDA BOURNE