Fair Work Ombudsman v Wongtas Pty Ltd [2011] FCA 633

FEDERAL COURT OF AUSTRALIA

Fair Work Ombudsman v Wongtas Pty Ltd [2011] FCA 633 Citation: Fair Work Ombudsman v Wongtas Pty Ltd [2011] FCA 633

Parties: FAIR WORK OMBUDSMAN v WONGTAS PTY LTD, DING GUO WANG and XIAO YU ZHANG

File number: NSD 793 of 2010

Judge: COWDROY J

Date of judgment: 8 June 2011

Catchwords: PRACTICE AND PROCEDURE – separate question of law pursuant to O 29 r 2 of the Federal Court Rules – whether paragraph of defence should be struck out – paragraph raising issue of applicant's standing – paragraph struck out INDUSTRIAL LAW – whether applicant is entitled to bring proceedings against respondents in connection with dismissal of an employee by the respondents without having first applied to Fair Work Australia and obtained a certificate under s 369 of the Fair Work Act 2009 (Cth) – applicant instituting proceedings as an 'inspector' pursuant to s 539(2) of the Fair Work Act 2009 (Cth) – Held: inspector entitled to proceed directly to Court INDUSTRIAL LAW – whether application out of time – Held: pursuant to s 544 of Fair Work Act 2009 (Cth) application not out of time STATUTORY INTERPRETATION – note to section 544 in the Fair Work Act 2009 (Cth) – inconsistent with other statutory provisions in such Act – effect of note – Held: unambiguous text of s 544 prevailing over note

Legislation: Acts Interpretation Act 1901 (Cth) ss 12, 13(3), 15AB(2)(e) Fair Work Act 2009 (Cth) ss 12, 340(1)(a), 340(1)(b), 340(2), 334, 351(1), 365, 366, 369, 370(1), 371(1), 371(2), 372, 539, 545(2)(b), 546, 687, 701 Fair Work Regulations 2009 (Cth) rr 3.42(1), 4.01A(2) Federal Court Rules O 29 r 2