Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jones v Queensland Tertiary Admissions Centre Ltd (No 2) [2010] FCA 399 Citation: Jones v Queensland Tertiary Admissions Centre Ltd (No 2) [2010] FCA 399
Parties: ELIZABETH LOUISE JONES v QUEENSLAND TERTIARY ADMISSIONS CENTRE LTD (ACN 050 542 633)
File number: QUD 274 of 2009
Judge: COLLIER J
Date of judgment: 29 April 2010
Catchwords: INDUSTRIAL LAW – complaints against applicant CEO by employees and union for alleged bullying of staff – applicant represented employer in enterprise agreement negotiations – application to prevent respondent employer from taking action on basis of allegations and subsequent independent investigation – application for compensation and pecuniary penalty for contravention of the Fair Work Act 2009 (Cth) – application for declaration that respondent in breach of contract for failing to accord applicant natural justice – application for declaration that respondent estopped from denying applicant natural justice – whether breach by employer of s 340(1) Fair Work Act 2009 (Cth) – whether applicant had a workplace right under s 341 Fair Work Act 2009 (Cth) – whether applicant had a role or responsibility under a workplace law or workplace instrument pursuant to s 341(1)(a) Fair Work Act 2009 (Cth) – whether respondent appointed applicant a bargaining representative under s 176, s 178 Fair Work Act 2009 (Cth) – whether applicant was able to initiate or participate in a process or proceedings under a workplace law or workplace instrument pursuant to s 341(1)(b) Fair Work Act 2009 (Cth) – whether respondent has taken (or has proposed to take) adverse action against applicant – whether adverse action taken because of applicant's workplace right – onus of proof – identification of effective decision-makers in respondent in light of General Motors Holden Pty Ltd v Bowling (1975) 12 ALR 605 – whether variation to applicant's employment contract – whether natural justice provided to the applicant – whether detrimental reliance by applicant on representation that natural justice would be provided by respondent Held: application dismissed
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