Potter v Fair Work Ombudsman [2014] FCA 187

FEDERAL COURT OF AUSTRALIA

Potter v Fair Work Ombudsman [2014] FCA 187 Citation: Potter v Fair Work Ombudsman [2014] FCA 187

Appeal from: Fair Work Ombudsman v Quincolli Pty Ltd [2011] FMCA 139 Fair Work Ombudsman v Quincolli Pty Ltd [2012] FMCA 712 Fair Work Ombudsman v Quincolli Pty Ltd (No 2) [2013] FMCA 17

Parties: JUDITH MADGE POTTER v FAIR WORK OMBUDSMAN

File number: NSD 249 of 2013

Judge: COWDROY J

Date of judgment: 7 March 2014

Catchwords: APPEAL AND NEW TRIAL – whether the Federal Magistrate at first instance failed to apply his own reasoning to the issues in dispute INDUSTRIAL LAW – decision of Federal Magistrates Court of Australia that a company had contravened the Workplace Relations Act 1996 (Cth) and the Fair Work Act 2009 (Cth) by failing to remunerate employees in accordance with the Clerical and Administrative Employees (State) Award – whether the Clerical and Administrative Employees (State) Award applied to employees of the company – whether the correct grade of employment under the Clerical and Administrative Employees (State) Award was attributed to the employees – whether a director of the company was accessorily liable for the contraventions of the company INDUSTRIAL LAW – notice to produce issued upon company under s 712 of the Fair Work Act 2009 (Cth) – company refused to produce documents – whether the company had a reasonable excuse for refusing to comply with the notice to produce - whether a director of the company was accessorily liable for the contravention of the company PRACTICE AND PROCEDURE – whether the Federal Magistrate erred in in refusing to exercise his discretion to reopen the proceeding