Ramsay v Sunbuild Pty Ltd [2014] FCA 54

FEDERAL COURT OF AUSTRALIA

Ramsay v Sunbuild Pty Ltd [2014] FCA 54 Citation: Ramsay v Sunbuild Pty Ltd [2014] FCA 54

Parties: ANDREW RAMSAY, MICHAEL HUDDY, SCOTT VINK and DENNIS PETER MITCHELL v SUNBUILD PTY LTD

File number: NTD 9 of 2013

Judge: REEVES J

Date of judgment: 11 February 2014

Catchwords: INDUSTRIAL LAW – determination of separate questions under r 30.01 of the Federal Court Rules – interaction between Fair Work Act 2009 (Cth) (the FWA) and Work Health and Safety (National Uniform Legislation Act (2011) (NT) (the WHS Act) – whether applicants can rely upon ss 501 and 502(1) of the FWA – where applicants had a right of entry under s 117 of the WHS Act and were prevented from entering and/or obstructed after entry to the respondent's premises – whether an independent right of entry for occupational health and safety purposes exists in Part 3–4 of the FWA, particularly ss 494 and 512 – whether the applicants can rely upon ss 501 and 502(1) if their entitlement to enter stemmed from the WHS Act and not the FWA – where the WHS Act intentionally excludes persons such as the applicants from bringing proceedings under equivalent provisions – whether inconsistency or repugnancy between the WHS Act and the FWA

Legislation: Community Welfare Act 1983 (NT) Commonwealth of Australia Constitution Act Fair Work (Registered Organisations) Act 2009 (Cth) Fair Work Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 Judiciary Act 1903 (Cth) Northern Territory (Self-Government) Act 1978 (Cth) Work Health and Safety (National Uniform Legislation) Act 2011 (NT) Work Health and Safety Act 2011 (Cth) Workplace Relations Act 1996 (Cth) Workplace Relations Amendment (Work Choices) Act 2005 (Cth)