Career Employment Australia Inc v Taylor [2010] FCA 532

FEDERAL COURT OF AUSTRALIA

Career Employment Australia Inc v Taylor [2010] FCA 532 Citation: Career Employment Australia Inc v Taylor [2010] FCA 532

Appeal from: Magistrates Court of Queensland, Brisbane Registry Matter No: 12477/06

Parties: CAREER EMPLOYMENT AUSTRALIA INC v GAVIN TAYLOR

File number: QUD 217 of 2009

Judge: LOGAN J

Date of judgment: 20 May 2010

Catchwords: PRACTICE AND PROCEDURE – Appeal from Queensland Magistrates Court under the Workplace Relations Act 1996 (Cth) – Where Magistrate's reasoning contained errors but orders made were correct in law Held: Appeal dismissed – Appeal is from orders made, not reasons for judgment. PRACTICE AND PROCEDURE – Application of Uniform Civil Procedure Rules (Qld) via the Judiciary Act 1903 (Cth) – Consideration of dismissal under r 16 of the Uniform Civil Procedure Rules (Qld) – Whether dismissal under r 16 necessarily confers ability immediately to allow judgment in default. Held: No such ability – Reasonable time must be given for filing a defence before permitting judgment in default. INDUSTRIAL LAW – Meaning of "employer" for purposes of Workplace Relations Act 1996 (Cth) – Whether organisation incorporated under the Associations Incorporation Act 1981 (Qld) is an "employer" – Where organisation employs employees under "transitional awards" under Schedule 6 of the Workplace Relations Act 1996 (Cth) – Whether s 720 of the Workplace Relations Act (Cth) applies to such an organisation Held: Schedule 6 of the Workplace Relations Act 1996 (Cth) extends the application of s 720 of the Workplace Relations Act 1996 (Cth) to the organisation.