Crossing v Anglicare NSW South, NSW West & ACT [2021] FCA 1112

Federal Court of Australia

Crossing v Anglicare NSW South, NSW West & ACT [2021] FCA 1112 File number: NSD 452 of 2019

Judgment of: ABRAHAM J

Date of judgment: 14 September 2021

Catchwords: INDUSTRIAL LAW – adverse action – where applicant failed to establish any alleged adverse actions – where even if established, the adverse actions were not taken for any unlawful reason – where applicant employed as a Financial Counsellor on basis that he would be "imminently qualified" for the position – where applicant failed to hold required qualifications for the position – application dismissed INDUSTRIAL LAW – whether applicant exercised workplace rights under s 341(1) of the Fair Work Act 2009 (Cth) (FW Act) – whether adverse action taken against applicant because he made a complaint in relation to his employment – whether applicant made a "complaint" within meaning of s 341(1)(c) of the FW Act – Shea v TRUenergy Services Pty Ltd (No 6) [2014] FCA 271; (2014) 314 ALR 346 considered – no complaint found – whether adverse action taken against applicant because he held certain rights to consultation under the applicable enterprise agreement – whether applicant entitled to rely on those rights – applicant not entitled to rely on those rights – whether adverse action taken against applicant contrary to s 346 of the FW Act because he had a right not to be, or not be, a member of an industrial association –whether the Financial Counsellor's Association of New South Wales (FCAN) is an "industrial association" within meaning of s 12 of the FW Act – FCAN not an industrial association – whether adverse action taken against applicant because he has a mental disability, contrary to s 351 of FW Act – no adverse action established – application dismissed