Broadlex Services Pty Ltd v United Workers' Union [2020] FCA 867

FEDERAL COURT OF AUSTRALIA

Broadlex Services Pty Ltd v United Workers' Union [2020] FCA 867 Appeal from: United Voice v Broadlex Services Pty Ltd (unreported, Local Court of New South Wales, Atkinson LCM, 17 June 2019)

File number: NSD 1113 of 2019

Judge: KATZMANN J

Date of judgment: 22 June 2020

Catchwords: INDUSTRIAL LAW — appeal from Local Court of NSW — meaning of "employment is terminated" in s 119(1) of Fair Work Act 2009 (Cth) — where no dispute that contract of employment had been terminated by employer because employer no longer required job done by employee to be done by anyone, whether employee, who had been working for employer full-time and who, against her will, accepted part-time employment at about 40% of her former wage, entitled to redundancy pay — whether "employment" refers to contract of employment or employment relationship CONTRACTS — effect of termination of contract of employment on employment relationship STATUTORY INTERPRETATION — meaning of "employment is terminated" in s 119(1) of Fair Work Act 2009 (Cth)

Legislation: Acts Interpretation Act 1901 (Cth) ss 13, 15AA Fair Work Act 2009 (Cth) ss 12, 22(5), 44, 61(2), 117–123, 170CA–170CB, 170CD(1B), 385–386, 565, 570, 772, 789(1), Pt 3-2, Pt 6-4 Div 3 Industrial Relations Act 1988 (Cth) ss 170CA, 170CB, Pt VIA Div 3 Workplace Relations Act 1996 (Cth) ss 170CB, 170CD(1B), 170CM Explanatory Memorandum, Fair Work Bill 2008 (Cth)

Cases cited: Alphapharm Pty Ltd v H Lundbeck A/S (2014) 254 CLR 247 Amcor Limited v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241 Automatic Fire Sprinklers Pty Ltd v Watson (1946) 72 CLR 435 Brackenridge v Toyota Motor Corporation Australia Ltd (1996) 142 ALR 99 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Carr v The State of Western Australia (2007) 232 CLR 138 CIC Insurance Limited v Bankstown Football Club Limited (1997) 187 CLR 384 Department of Justice v Lunn (2006) 158 IR 410 Fair Work Ombudsman v FL Press Pty Ltd [2015] FCCA 1578 Fair Work Ombudsman v Spotless Services Australia Ltd [2019] FCA 9 Lister v Romford Ice and Cold Storage Co Ltd [1957] AC 555 Mohazab v Dick Smith Electronics Pty Ltd (1995) 62 IR 200 Network Ten Pty Ltd v Seven Network (Operations) Ltd [2014] NSWSC 692 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 R v Bowen; Ex parte Amalgamated Metal Workers and Shipwrights' Union (1980) 144 CLR 462 Saeid Khayam v Navitas English PIL t/a Navitas English [2017] FWCFB 5162; 273 IR 44 Scott Harrison v FLSmidth Pty Ltd t/a FLSmidth Pty Limited [2018] FWC 6695 Stanley International College Pty Ltd t/a Stanley College [2018] FWC 4843 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362 Termination, Change and Redundancy Case (1984) 8 IR 34 Termination, Change and Redundancy Case (1984) 9 IR 115 Thiess v Collector of Customs (2014) 250 CLR 664 Turner v The Australasian Coal and Shale Employees' Federation (1984) 6 FCR 177 Visscher v Giudice (2009) 239 CLR 361 Visscher v Australian Industrial Relations Commission [2007] FCAFC 206; 170 IR 419 XYZ v The Commonwealth of Australia (2006) 227 CLR 532 Sappideen C, et al, Macken's Law of Employment (Lawbook Co., 8th ed, 2016) Stewart, A, Stewart's Guide to Employment Law (The Federation Press, 5th ed, 2015