Bradshaw v BSA Limited [2021] FCA 1080

Federal Court of Australia

Bradshaw v BSA Limited [2021] FCA 1080 File number: VID 488 of 2020

Judgment of: BROMBERG J

Date of judgment: 7 September 2021

Catchwords: PRACTICE AND PROCEDURE – Representative proceedings – communications by respondent to group members – whether the respondent made statements that may mislead group members and undermine integrity of opt out process – application by applicant for a corrective notice to be distributed to class members and for a communication protocol – application by respondent for an order permitting a notice to be distributed during opt out process

Legislation: Fair Work Act 2009 (Cth)

Cases cited: Davaria Pty Limited v 7-Eleven Stores Pty Limited [2018] FCA 984 Uren v RMBL Investments Ltd [2019] FCA 1163 Webb v GetSwift Limited (No 2) [2018] FCA 994

Division: Fair Work Division

Registry: Victoria

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 34

Date of hearing: 6 September 2021

Counsel for the Applicants: Mr J Dooley

Solicitor for the Applicants: Shine Lawyers

Counsel for the Respondent: Mr R Craig QC

Solicitor for the Respondent: Johnson Winter & Slattery

ORDERS VID 488 of 2020

BETWEEN: PAUL BRADSHAW First Applicant

SCOTT UREN Second Applicant

AND: BSA LIMITED (ACN 088 412 748) Respondent

order made by: BROMBERG J DATE OF ORDER: 7 SEPTEMBER 2021

THE COURT ORDERS THAT:

1. The Applicants cause the Notice attached as Annexure A to these orders (Notice) to be emailed forthwith and cause the Notice to be posted forthwith by a third party mail house to all known group members, including to any such person who may have filed an Opt Out Notice with the Court. 2. Each of the Respondent and solicitors for the Applicants cause the Notice to be posted in a prominent position on their respective websites including at https://www.bsatoolbox.com/ for the duration of the opt-out period until 25 September 2021. 3. The costs of the publication of the Notice referred to in Orders 1 and 2 is to be paid for by the Applicants on the basis that the question as to whether the Respondent should reimburse the Applicants for those costs is reserved. 4. Unless the Notice referred to in orders 1 and 2 is forthwith attached to the document described in the Court's reasons for judgment as the "FAQ Document" displayed on the website(s) of BSA, including at https://bsatoolbox.com/, the Respondent forthwith remove that document from its website(s). 5. Until 25 September 2021, the Parties and Shine Lawyers shall comply with the Communication Protocol at Annexure B to these orders. 6. The interlocutory application of the Respondent filed on 3 September 2021 is dismissed. 7. The costs of the Applicants' interlocutory application of 1 September 2021 and the costs the Respondent's interlocutory application of 3 September 2021 are reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.