Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
King v Patrick Projects Pty Ltd [2016] FCA 1479 Appeal from: Application for leave to appeal: King v Patrick Projects Pty Ltd [2016] FCA 1110
File number: WAD 445 of 2016
Judge: BARKER J
Date of judgment: 8 December 2016
Catchwords: INDUSTRIAL LAW – claim that employer failed to provide required training – where employment terminated – where primary judge summarily dismissed proceeding – application for leave to appeal from primary judge's decision – whether primary judge's decision attended by sufficient doubt – whether obligation survived termination of employment relationship – application dismissed
Legislation: Fair Work Act 2009 (Cth) s 739 Federal Court Rules 2011 (Cth) R 16.21(1)(e)
Date of hearing: 3 November 2016
Registry: Western Australia
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 37
Counsel for the Applicants: The Applicants appeared in person
Counsel for the Respondents: Ms HR Millar
Solicitor for the Respondents: K&L Gates LLP
ORDERS WAD 445 of 2016
BETWEEN: DANIEL KING First Applicant
JASON DEENEY Second Applicant
CHRIS HUGHES (and others named in the Schedule) Third Applicant
AND: PATRICK PROJECTS PTY LTD First Respondent
ASCIANO LIMITED Second Respondent
JUDGE: BARKER J DATE OF ORDER: 8 DECEMBER 2016
THE COURT ORDERS THAT:
1. The applicants' application for leave to appeal be dismissed. 2. The applicants pay the costs of the respondents to be taxed, if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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