Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Fair Work Ombudsman v Maclean Bay Pty Ltd [2012] FCA 10 Citation: Fair Work Ombudsman v Maclean Bay Pty Ltd [2012] FCA 10
Parties: FAIR WORK OMBUDSMAN v MACLEAN BAY PTY LTD (ACN 106 012 748) and WENDY ANN WELLS
File number: TAD 33 of 2010
Judge: MARSHALL J
Date of judgment: 16 January 2012
Catchwords: INDUSTRIAL LAW – sham contracting – compensation – breach of s 902(1) of the Workplace Relations Act 1996 (Cth) by a company – accessorial liability of a company director – liability of company for acts of an employee under s 826(1) of the Workplace Relations Act 1996 (Cth) – dismissal of an employee for a prohibited reason under s 792 – dismissal of casuals employed on a regular and systematic basis – meaning of "representation" in s 900(1) of the Workplace Relations Act 1996 (Cth) – breach of a requirement in a NAPSA to pay unused annual leave entitlements – breach of a requirement in a NAPSA to pay superannuation
Legislation: Workplace Relations Act 1996 (Cth) ss 728, 792, 809, 900, 901, 902, 904(2B) Fair Work Act 2009 s 681 Fair Work (Transitional and Consequential Amendments) Act 2009 Evidence Act 1995 (Cth) s 140
Cases cited: Fair Work Ombudsman v Maclean Bay Pty Ltd [2010] FCA 1378 Qantas Airways v Gama (2008) 167 FCR 537 Jones v Dunkel (1959) 101 CLR 298 General Motors Holden Pty Ltd v Bowling (1975) 12 ALR 605 Bowling v General Motors Holden (1975) 8 ALR 197 Ryde-Eastwood Leagues Club v Taylor (1994) 56 IR 385 Hamzy v Tricon International Restaurants (2001) 115 FCR 78 Melrose Farm v Milward (2008) 175 IR 455 Construction, Forestry, Mining and Energy Union v Clarke (2008) 170 FCR 574 Gate Gourmet Australia Pty Ltd (in liq) v Gate Gourmet Holding AG [2004] NSWSC 149 McGrath v Australian Naturalcare Products Pty Ltd (2008) 165 FCR 230 Jordan v Mornington Inn Pty Ltd [2007] 166 IR 33 Hollis v Vabu Pty Ltd [2001] 207 CLR 21 Patrick Stevedores No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 Australian Workers Union v Johnson Matthey (Aust) Limited (2000) 171 ALR 410
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate