United Voice v MDBR123 Pty Ltd [2014] FCA 1344

FEDERAL COURT OF AUSTRALIA

United Voice v MDBR123 Pty Ltd [2014] FCA 1344 Citation: United Voice v MDBR123 Pty Ltd [2014] FCA 1344

Parties: UNITED VOICE v MDBR123 PTY LTD and DENIS HINTON

File number: QUD 498 of 2013

Judge: RANGIAH J

Date of judgment: 11 December 2014

Catchwords: INDUSTRIAL LAW – general protections – adverse action – member of applicant dismissed from employment with first respondent – employee attempted to persuade colleagues to become members of the applicant – where another employee made a complaint of bullying and harassment in relation to recruitment activities – whether employee's conduct constituted exercising a workplace right or engaging in industrial activity – whether the protections in ss 340 and 346 of the Fair Work Act 2009 (Cth) ("the Act") apply – whether reasons given by respondents were the real reasons for dismissal – whether adverse action taken for prohibited reason – whether second respondent involved in contravention pursuant to s 550 of the Act – failure to discharge onus in s 361 of the Act

Legislation: Fair Work Act 2009 (Cth) ss 340, 341, 341(1), 341(1)(b), 342, 342(1), 346, 347, 347(b), 347(b)(ii), 347(b)(iii), 360, 361, 545, 546, 547, 550, 550(1), 550(2)(a), 793 Federal Court of Australia Act 1976 (Cth) s 51A

Cases cited: Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500 cited Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (2014) 88 ALJR 980; [2014] HCA 41 cited General Motors-Holden's Pty Ltd v Bowling (1976) 51 ALJR 235 cited National Tertiary Education Union v Royal Melbourne Institute of Technology [2013] FCA 451 cited