Fair Work Ombudsman v United Petroleum Pty Ltd [2020] FCA 590

FEDERAL COURT OF AUSTRALIA

Fair Work Ombudsman v United Petroleum Pty Ltd [2020] FCA 590 File number(s): VID 1037 of 2019

Judge(s): ANDERSON J

Date of judgment: 7 May 2020

Catchwords: INDUSTRIAL LAW – validity of notice issued under s 712(1) of the Fair Work Act 2009 (Cth) (Act) – inspector appointed under Act – inspector issued notice under s 712(1) requiring production of certain documents – notice stated that purpose of production of documents was to investigate notice recipient's compliance as "responsible franchisor entity" pursuant to s 558B of the Act – notice provided broad background to franchisee's alleged primary contraventions, but did not particularise the primary statutory contraventions – application by Fair Work Ombudsman for declarations and orders in respect of notice recipient's failure to provide documents – whether notice is valid – whether notice enables the recipient (and the Court) to assess whether the notice validly requires the specified documents to be produced Held: application dismissed – notice invalid – notice failed to adequately particularise primary contraventions by the franchisee – notice recipient and Court are not able to assess whether the notice validly requires the specified documents to be produced

Legislation: Fair Work Act 2009 (Cth) ss 44, 44(1), 45, 61(2), 61(3), 62, 70, 84, 113, 119, 535, 536, 539(2), 545(1), 550, 558A, 558B, 558B(1), 558(1)(a), 558B(1)(d)(i), 558B(1)(d)(ii), 558B(7), 700, 703(1), 706(1)(a), 712, 712(1), 712(3) Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Cth) Pt 2 of Sch 1 Trade Practices Act 1974 (Cth) (now the Competition and Consumer Act 2010 (Cth)) s 155(1) Workplace Relations Act 1996 (Cth) (repealed) ss 86(1A)(c), 170MN Fair Work Regulations 2009 (Cth)