Federal Court of Australia
Federal Court of Australia
85 Degrees Coffee Australia Pty Ltd v Fair Work Inspector Rodwell [2020] FCA 1190 File number: NSD 101 of 2020
Judgment of: KATZMANN J
Date of judgment: 18 August 2020
Catchwords: INDUSTRIAL LAW — validity of notice issued under s 712(1) of the Fair Work Act 2009 (Cth) for production of records and documents — whether notice issued for an ulterior purpose — to the extent that the purpose of the notice related to the determination of whether applicant had contravened s 558B of the Act and insofar as it sought records or documents that could only have come into existence before the section commenced, whether notice void and of no effect — whether certain descriptions of categories of records and documents too broad to enable applicant to determine with reasonable clarity which documents are required to be produced and the relationship between those documents and the stated purpose
Legislation: Acts Interpretation Act 1901 (Cth), ss 2B, 46(2) Fair Work Act 2009 (Cth) ss 706, 712(1), 558, 793, Sch 1 Pt 4 cl 19 Judiciary Act 1903 (Cth) s 39B
Cases cited: Allen v Feather Products Pty Ltd (2008) 72 NSWLR 597 Australian Communications and Media Authority v Mobilegate Ltd (a company incorporated in Hong Kong) (No 8) [2010] FCA 1197; 275 ALR 293 Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Inspector Lam [2018] FCA 1379 Construction, Forestry, Mining and Energy Union v Mammoet Australia Pty Ltd (2013) 248 CLR 619 Donnelly v O'Donnell [2005] FCA 1412; 140 IR 434 Fair Work Ombudsman v Grouped Property Services Pty Ltd [2016] FCA 1034; 152 ALD 209 Fair Work Ombudsman v United Petroleum Pty Ltd [2020] FCA 590 Maxwell v Murphy (1957) 96 CLR 261 Nicholas v Commissioner for Corporate Affairs [1988] VR 289 Seven Network v Australian Competition and Consumer Commission (2004) 140 FCR 170 Thorson v Pine (2004) 139 FCR 527 Transport Workers Union v Lee (1998) 84 FCR 60 WA Pines Pty Ltd v Bannerman (1980) 30 ALR 559; ATPR ¶40–163; 41 FLR 175
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