Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Perry v Commonwealth of Australia [2017] FCA 943 File number: VID 781 of 2014
Judge: TRACEY J
Date of judgment: 18 August 2017
Catchwords: CONTRACTS – whether contract between the applicant and the Commonwealth – whether Commonwealth breached that contract by failing to pay the applicant a certain amount upon voluntary retrenchment – whether payment of such an amount was provided for in express contractual terms contained an information booklet – whether such contractual terms were to be implied – where booklet provided to the applicant when employed by the State of Victoria as a meat industry inspector – where the applicant subsequently accepted an offer to transfer to Commonwealth employment INDUSTRIAL LAW – whether the alleged contractual terms constituted a "safety net contractual entitlements" under s 542 of the Fair Work Act 2009 (Cth)
Legislation: Administrative Arrangements Act 1987 (Cth) s 11(7) Conciliation and Arbitration Act 1904 (Cth) s 41A Fair Work Act 2009 (Cth) ss 12, 61(1), 61(2), 61(2)(i), 542, 543 Federal Court of Australia Act 1976 (Cth) s 21 Meat Inspection Act 1983 (Cth) Public Service Act 1922 (Cth) Pt III, Div 9A, ss 7(1), 7(1)(b), 81A, 81B, 81B(1), 81B(5) Superannuation Act 1976 (Cth) Abattoir and Meat Inspection (Arrangements) Act 1987 (Vic) ss 5, 6, 7 Public Sector Superannuation (Administration) Act 1993 (Vic) Public Service Act 1974 (Vic) State Superannuation Act 1988 (Vic) Superannuation Act 1958 (Vic) ss 35, 35(1)
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