Trevena v Thiess Pty Ltd [2016] FCA 468

FEDERAL COURT OF AUSTRALIA

Trevena v Thiess Pty Ltd [2016] FCA 468 File number: VID 303 of 2014

Judge: TRACEY J

Date of judgment: 10 May 2016

Catchwords: INDUSTRIAL LAW – alleged contraventions of Part 3-1 of the Fair Work Act 2009 (Cth) – whether employee had exercised a workplace right to make a complaint "in relation to…employment" – where complaint made by employee's brother – whether employer took "adverse action" by failing to offer employee previous casual position or allegedly promised role – where employee voluntarily relocated and only willing to return to previous position on fly-in fly-out basis or to new role alleged to have been offered prior to departure – whether adverse action because of the employee's exercise of a workplace right – whether action taken with "intent to coerce" – whether employer had engaged in misleading or deceptive conduct in contravention of the Competition and Consumer Act 2010 (Cth) – whether employer had falsely promised role

Legislation: Competition and Consumer Act 2010 (Cth) Sch 2, ss 18, 31 Fair Work Act 2009 (Cth) ss 340(1), 341(1)(c)(ii), 342(1), 343, 343(1)(a), 361

Cases cited: Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (2015) 230 FCR 298 Commonwealth Bank of Australia v Barker (2014) 253 CLR 169 Director of Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 225 Fountain v Alexander (1982) 150 CLR 615 IBM Australia Limited v National Distribution Services Limited (1991) 22 NSWLR 46 Shea v TRUenergy Services Pty Ltd (No 6) (2014) 242 IR 1 Timic v Hammock [2001] FCA 74