Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Inspector Lam [2018] FCA 1379 File number: VID 113 of 2018
Judge: BROMBERG J
Date of judgment: 7 September 2018
Catchwords: INDUSTRIAL LAW – Fair Work Act 2009 (Cth) ("FW Act") – Fair Work inspector's exercise of "compliance powers" under s 706 of the FW Act – power of an inspector to obtain records and documents pursuant to a notice issued under s 712 – principles relating to the validity of a notice –whether notice specifies the records and documents that the recipient is required to provide with reasonable clarity – whether the notice discloses the relationship between the documents required and the matter which is the subject of the exercise of the inspector's inquiry – whether notice is required to expressly specify the particular provision or provisions of the FW Act which found the inspector's inquiry – notice invalid and of no effect
Legislation: Fair Work Act 2009 (Cth), ss 562, 700, 706, 712 Workplace Relations Act 1996 (Cth), s 86
Cases cited: Aurora Construction Materials Pty Ltd v Victorian WorkCover Authority [2018] VSCA 165 Bannerman v Mildura Fruit Juices Pty Ltd (1984) 2 FCR 581 Construction, Forestry, Mining and Energy Union v Alfred (2016) 242 FCR 35 SA Brewing Holdings Ltd v Baxt (1989) 23 FCR 357 Thorson v Pine [2004] FCA 1316 Thorson v Pine [2004] FCA 805
Date of hearing: 3 July 2018
Registry: Victoria
Division: Fair Work Division
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