Manildra Flour Mills (Manufacturing) Pty Limited v National Union of Workers [2012] FCA 1010

FEDERAL COURT OF AUSTRALIA

Manildra Flour Mills (Manufacturing) Pty Limited v National Union of Workers [2012] FCA 1010 Citation: Manildra Flour Mills (Manufacturing) Pty Limited v National Union of Workers [2012] FCA 1010

Appeal from: Craig Fahy & Ors v Manildra Flour Mills (Manufacturing) Pty Ltd (Chief Industrial Magistrate's Court of New South Wales, Magistrate Hart, 30 August 2011)

Parties: MANILDRA FLOUR MILLS (MANUFACTURING) PTY LIMITED v NATIONAL UNION OF WORKERS ON BEHALF OF CRAIG FAHY, DAVID VAUGHAN, MATTHEW DAVIS AND MICHAEL GIBSON

File number: NSD 265 of 2012

Judge: COWDROY J

Date of judgment: 14 September 2012

Catchwords: PRACTICE AND PROCEDURE – appeal from Chief Industrial Magistrates Court of NSW – evidence of witness not referred to in finding by Chief Industrial Magistrate raising an inference that the evidence of such witness was overlooked – prolonged delay between hearing and delivery of judgment – whether delay resulted in miscarriage of justice – whether Court should determine matter for itself or remit matter for redetermination INDUSTRIAL LAW – application for recovery of money – industrial award providing for payment for standing by – roster system for workers responding to after hours breakdowns – whether roster amounted to instruction to stand by – relationship between industrial award and contract of employment – whether contract required employees to stand by

Legislation: Workplace Relations Act 1996 (Cth) ss 719, 720, 722, 723, 897

Cases cited: Amcor v CFMEU (2005) 222 CLR 241 Bryce v Apperley (1998) 82 IR 448 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Chief Commissioner of Police v Kerley (2008) 171 IR 420 Fox v Australian Industrial Relations Commission (2007) 161 FCR 263 Gapes v Commercial Bank of Australia (1980) 37 ALR 20 Haros v Linfox Australia Pty Ltd (2012) 287 ALR 507 Mifsud v Campbell (1991) 21 NSWLR 725 NAIS v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 470 Kucks v CSR Ltd (1996) 66 IR 182 Logan v Otis Elevator Co Pty Ltd (1999) 94 IR 218 Norwest Beef Industries Ltd v Australasian Meat Industries Employees Union of Workers (WA Branch) (1984) 12 IR 314 R v Darling Island Stevedoring and Lighterage Co Ltd; ex parte Halliday and Sullivan (1938) 60 CLR 601 State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in liq) (1999) 160 ALR 588 Stead v State Government Insurance Commission (1986) 161 CLR 141 Warren v Coombes (1979) 142 CLR 531