Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Eastern Colour Pty Ltd [2011] FCA 803 Citation: Fair Work Ombudsman v Eastern Colour Pty Ltd [2011] FCA 803
Parties: FAIR WORK OMBUDSMAN v EASTERN COLOUR PTY LTD (ACN 001 852 071), SB EMPLOYMENTS PTY LTD (ACN 117 006 596), NB EMPLOYMENTS PTY LTD (ACN 117 059 319), LOUISA BARONIO and VINCENZO CATENO CATANZARO
File number: QUD 376 of 2010
Judge: COLLIER J
Date of judgment: 19 July 2011
Catchwords: INDUSTRIAL LAW – whether employment relationship properly pleaded – freedom of association – whether employers joint and severally liable – whether employees jointly employed – whether concept of joint employment recognised in Australian law – whether employment structure can injure or alter position of employees – conduct of employers PRACTICE AND PROCEDURE – whether paragraphs of pleadings should be struck out – O 11 r 16 Federal Court Rules – whether pleadings embarrassing – whether inconsistent allegations – failure to plead material facts – internal contradictions in pleadings – whether a completed cause of action pleaded – whether the use of the word "purported" is a fundamental flaw – whether defect in pleadings can be remedied by particulars
Legislation: Workplace Relations Act 1996 (Cth) ss 178(1), 182(1), 208(1), 719, 792 Federal Court Rules O 11 r 8(2), O 11 r 16
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