Heiko Constructions T/A Heiko Constructions Pty Ltd v Tyson [2020] FCA 697

FEDERAL COURT OF AUSTRALIA

Heiko Constructions T/A Heiko Constructions Pty Ltd v Tyson [2020] FCA 697 Appeal from: Application for leave to appeal: Tyson v Heiko Constructions trading as Heiko Constructions Pty Ltd [2019] FCCA 3643

File number: QUD 788 of 2019

Judge: LOGAN J

Date of judgment: 14 February 2020

Catchwords: EMPLOYMENT AND INDUSTRIAL RELATIONS – application for leave to appeal – where the Federal Circuit Court of Australia (Federal Circuit Court) made a declaration of contravention of s 348 of the Fair Work Act 2009 (Cth) – where the allegation which raised s 348 for consideration as a way of characterising the conduct as a contravention was struck out – whether a formal amendment for variance was made in the Federal Circuit Court to raise s 348 for consideration following the strikeout PRACTICE AND PROCEDURE – where the Federal Circuit Court made a declaration of contravention – where the hearing of the Federal Circuit Court matter for submissions on the question of penalty and compensation was adjourned to a date to be fixed – whether the declaration as to contravention is an interlocutory order – whether leave to appeal is required to appeal the declaration

Legislation: Crimes Act 1914 (Cth) Fair Work Act 2009 (Cth) s 348 Federal Court of Australia Act 1976 (Cth) s 24 Judiciary Act 1903 (Cth) s 79 Trade Practices Act 1974 (Cth) s 55 Justices Act 1886 (Qld) s 48

Cases cited: Australian Red Cross Society v Queensland Nurses' Union of Employees [2019] FCA 41 BHP Coal Pty Ltd v Construction, Forestry, Mining and Energy Union [2012] FCA 1495 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (2015) 230 FCR 298 Hollis v Clark (1981) 40 ALR 179 Qantas Airways Limited v Australian Licensed Aircraft Engineers Association [2011] FCA 401 Tyson v Heiko Constructions Trading As Heiko Constructions Pty Ltd [2019] FCCA 3643