Herbert v Star Aviation Services Pty Ltd [2019] FCA 239

FEDERAL COURT OF AUSTRALIA

Herbert v Star Aviation Services Pty Ltd [2019] FCA 239 File number: NSD 326 of 2018

Judge: FLICK J

Date of judgment: 1 March 2019

Catchwords: INDUSTRIAL LAW – discrimination – whether Respondents discriminated against the Applicant on the basis of his family or carer's responsibilities – whether the Applicant was an employee or prospective employee – whether the Respondents took adverse action against the Applicant – whether adverse action was taken because of family or carer's responsibilities – reverse onus of proof INDUSTRIAL LAW – costs – whether proceedings instituted vexatiously or without reasonable cause – whether a party's unreasonable act or omission caused the other party to incur costs – whether failure to accept offer of compromise constituted unreasonable act

Legislation: Conciliation and Arbitration Act 1904 (Cth) s 5 Fair Work Act 2009 (Cth) ss 346, 351, 360, 361, 386, 570 Racial Discrimination Act 1975 (Cth) Federal Court Rules 2011 (Cth) rr 9.08, 26.01

Cases cited: Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32, (2012) 248 CLR 500 Celand v Skycity Adelaide Pty Ltd [2017] FCAFC 222, (2017) 256 FCR 306 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2015] FCAFC 25, (2015) 230 FCR 298 General Motors Holden Pty Ltd v Bowling (1976) 12 ALR 605 Kennewell v MG & CG Atkins [2015] FCA 716 McDonald v Parnell Laboratories (Aust) (No 2) [2007] FCA 2086, (2007) 164 FCR 591 National Tertiary Education Union v Royal Melbourne Institute of Technology [2013] FCA 451, (2013) 234 IR 139 Shizas v Commissioner of Police [2017] FCA 61, (2017) 268 IR 71