Community and Public Sector Union, NSW Branch v Northcott Supported Living Limited [2021] FCA 8

Federal Court of Australia

Community and Public Sector Union, NSW Branch v Northcott Supported Living Limited [2021] FCA 8 File number: NSD 2155 of 2019

Judgment of: KATZMANN J

Date of judgment: 20 January 2021

Catchwords: INDUSTRIAL LAW — where employees formerly employed by one company as "team leaders" now employed by another, related, company, as "service coordinators", whether a "transfer of business" occurred within s 311 of Fair Work Act 2009 (Cth) — whether work performed for new employer is "the same or substantially the same as the work the employee[s] performed" for the old employer"

Legislation: Fair Work Act 2009 (Cth), Pt 2-8, 6-3A, ss 14(1), 15AA, 311(1), 768BY Fair Work Amendment (Transfer of Business) Act 2012 (Cth) Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth), s 21 Workplace Relations Legislation Amendment (Independent Contractors) Act 2006 (Cth) Fair Work Bill 2008 (Cth), Explanatory Memorandum

Cases cited: AE Terry's Motors Ltd v Rinder [1948] SASR 167 CIC Insurance Limited v Bankstown Football Club Limited (1997) 187 CLR 384 Cresswell & Ors v Board of Inland Revenue [1984] 2 All ER 713 Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd (2015) 228 FCR 346 Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMU) [2020] HCA 29; 94 ALJR 818; 381 ALR 601; 297 IR 338 O'Neill v Merseyside Plumbing Co Ltd [1973] ICR 96 Project Blue Sky Inc. v Australian Broadcasting Authority (1998) 194 CLR 355 Tillmanns Butcheries Pty Ltd v Australasian Meat Industry Employees Union (1979) 42 FLR 331