Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sensis Pty Ltd v Gundi [2017] FCA 1519 Appeal from: Gundi v Sensis Pty Ltd [2017] FCCA 1438
File number: VID 774 of 2017
Judge: O'CALLAGHAN J
Date of judgment: 15 December 2017
Catchwords: INDUSTRIAL LAW – whether respondent's position was made redundant – whether respondent was redeployed to a "Reasonable alternative position" within the meaning of the Sensis Enterprise Agreement 2014 – whether respondent was offered a "Suitable Position" within the meaning of the Sensis Enterprise Agreement 2014 – whether respondent entitled to a remedy for breach of contract – whether primary judge erred in reversing the onus of proof when considering the questions of whether respondent deployed to "Reasonable alternative position" or offered "Suitable Position" within the meaning of the Sensis Enterprise Agreement 2014
Legislation: Evidence Act 1995 (Cth), s 140 Fair Work Act 2009 (Cth), ss 50, 539(2) (Item 4), 546 Federal Court of Australia Act 1976 (Cth), s 27
Cases cited: Australian Building and Construction Commissioner v Hall [2017] FCA 274 Briginshaw v Briginshaw (1938) 60 CLR 336 Clothing & Allied Trades Union of Australia v Hot Tuna Pty Ltd (1988) 27 IR 226 Fox v Percy (2003) 214 CLR 118
Date of hearing: 3 November 2017
Registry: Victoria
Division: Fair Work
National Practice Area: Employment and Industrial Relations
Category: Catchwords
Number of paragraphs: 43
Counsel for the Appellant: Mr M F Wheelahan QC and Mr B Avallone
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