Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Martinuzzi v Fair Work Ombudsman [2012] FCA 636 Citation: Martinuzzi v Fair Work Ombudsman [2012] FCA 636
Appeal from: Workplace Ombudsman v QMGIM Pty Ltd & Ors [2010] FMCA 64 Workplace Ombudsman v QMGIM Pty Ltd & Ors [2010] FMCA 441 Workplace Ombudsman v QMGIM Pty Ltd & Ors [2011] FMCA 261
Parties: PETER RALPH MARTINUZZI, QUEENSLAND MARINE AND GENERAL INSURANCE MANAGEMENT PTY LTD ACN 010 887 644 and QUEENSLAND MARINE AND GENERAL INSURANCE BROKERS PTY LTD v FAIR WORK OMBUDSMAN
File number: QUD 83 of 2011
Judge: LOGAN J
Date of judgment: 19 June 2012
Catchwords: PRACTICE AND PROCEDURE – constitution of the court following resignation of federal magistrate – declarations of contraventions of industrial award made prior to retirement – whether it was possible for the Federal Magistrates Court as differently constituted to impose penalties and make ancillary orders – separate, distinct stages in proceeding – requirement for rehearing not mandated by the Federal Magistrates Court Act 1999 (Cth) or other implications flowing from need to exercise judicial power in a procedurally fair way INDUSTRIAL LAW – industrial award binding on appellant's company – whether ambit of award sufficiently broad to include particular employees as "clerical and administrative" employees – whether having regard to the language employed in the award it had application to particular insurance broking jobs – language of the industrial award, read a whole and in context, not apt to apply to jobs in insurance broking business
Legislation: Federal Court of Australia Act 1976 (Cth) s 14 Federal Magistrates Act 1999 (Cth) ss 8, 11 Workplace Relations Act 1996 (Cth)
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