Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Beynon [2013] FCA 390 Citation: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Beynon [2013] FCA 390
Parties: AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION and AUSTRALIAN WORKERS UNION v IAN LLOYD BEYNON and IDEAL PTY LTD (ACN 108 616 431) and STEPHEN ROBERT DIXON
File number: VID 466 of 2010
Judge: GRAY J
Date of judgment: 1 May 2013
Catchwords: INDUSTRIAL LAW – civil remedy provision – obligation to make redundancy payments – sole director of employer also sole director of major secured creditor – that creditor appointed receiver of employer – receiver made all employees redundant – whether sole director and related creditor persons involved in contraventions – intention of sole director in appointing receivers to remain in control of business after shedding some employees and casting onto GEERS the obligation to pay their redundancy entitlements – whether common intention with receiver – whether change of circumstances meant intention could not be carried out
Legislation: Competition and Consumer Act 2010 (Cth) s 75B Fair Work Act 2009 (Cth) s 12, Pt 4-1 ss 539(1), 539(2), 540, 545(1), 545(2), 547(2), 550, 550(1), 550(2), 570, 570(1), 570(2)(a), 570(2)(b), 570(2)(c) Fair Work (Registered Organisations) Act 2009 (Cth) Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) s 3, Sch 2, Item 2, Sch 3 items 2(1), 2(2)(c), 2(2)(g), 2(3)(a), 2(5), 2(5)(b), 2(5)(c)(i), 2(5)(c)(iv) Sch 16 Items 2.2, 16(1), 40 Trade Practices Act 1974 (Cth) s 75B Workplace Relations Act 1996 (Cth) s 4(1) Pt VIB Div 2, s 170LJ, Pt VIB Div 4 ss 170LT, 170LX(1), 170LX(2), 178, 178(1), 178(6) , 328, 347(1), 347(5), 846 Workplace Relations (Work Choices) Act 2005 (Cth) Wrongs Act 1958 (Vic) ss 23B, 23B(1) Workplace Relations Regulations 2006 (Cth) reg 2.19
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