Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Independent Education Union of Australia v Australian International Academy of Education Inc [2016] FCA 140 File number: VID 1114 of 2012
Judge: JESSUP J
Date of judgment: 25 February 2016
Catchwords: INDUSTRIAL LAW – Award requirement that letter appointing fixed-term employee state reason – Whether letters did state reason – Degree of particularity required – Award restriction on circumstances in which person may be employed on fixed-term basis – Whether employees replacing others absence on account of leave or temporary duties. INDUSTRIAL LAW – Right of entry – Right to inspect and copy "non-member records" – Fair Work Australia order permitting such inspection – Whether validly made – Relationship of records to permit-holders' suspicions in relation to members – Requirements of permit-holders when on premises – Whether within power – Whether documents on premises where work performed – Whether requirement validly extended to pages of records recently removed – Extent of obligation to comply with requirement to produce contracts of employment – Whether permit-holders entitled to require inspection of records in electronic form. INDUSTRIAL LAW – Right of entry – Whether permit-holders hindered or obstructed – Employer with advance notice of intention to enter – Whether documents manipulated to avoid inspection – Whether amounted to hindrance or obstruction – Employer refusal to allow inspection of records on computers – Extent of permit-holders' right to inspect – Whether hindrance and obstruction was intentioned.
Legislation: Acts Interpretation Act 1901 (Cth) Associations Reform Act 2012 (Vic) Fair Work Act 2009 (Cth) ss 12, 45, 481, 482, 483AA, 487, 502, 519, 545, 708 Fair Work Australia Rules 2010 (Cth) Fair Work (Registered Organisations) Act 2009 (Cth) Industrial Relations Act 1988 (Cth) s 286 Workplace Relations Act 1996 (Cth) ss 285B, 286 Workplace Relations Amendment (Work Choices) Act 2005 (Cth) ss 747, 748
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