Federal Court of Australia
Federal Court of Australia
Peters v Commonwealth of Australia [2021] FCA 1624 File number(s): VID 1061 of 2017
Judgment of: ANDERSON J
Date of judgment: 22 December 2021
Catchwords: INDUSTRIAL LAW – employment – adverse action – whether the applicant was subjected to adverse action by the respondent in contravention of s 340 of the Fair Work Act 2009 (Cth) – whether adverse action was taken because the applicant had exercised workplace rights – operation of statutory presumption in s 361 of the Fair Work Act 2009 (Cth) – application dismissed HUMAN RIGHTS – discrimination – allegation of unlawful discrimination in contravention of the Disability Discrimination Act 1992 (Cth) – allegation of unlawful discrimination in contravention of the Age Discrimination Act 2004 (Cth) – where the alleged complaint of discrimination was not made to the Australian Human Rights Commission under s 46PO of the Australian Human Rights Commission Act 1986 (Cth) – application dismissed
Legislation: Age Discrimination Act 2004 (Cth) Australian Human Rights Commission Act 1986 (Cth) Disability Discrimination Act 1992 (Cth) Fair Work Act 2009 (Cth) Federal Court Rules 2011 (Cth) Public Service Act 1999 (Cth)
Cases cited: Australian Building and Construction Commissioner v Hall and Others (2018) 261 FCR Australian Red Cross Society v Queensland Nurses' Union of Employees [2019] FCAFC 215 Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32; 248 CLR 500 Clarke v Nursing & Midwifery Council New South Wales [2019] FCA 1782 Construction, Forestry, Mining and Energy Union v Anglo Coal [2015] FCAFC 157; 238 FCR 273 Construction, Forestry, Mining and Energy Union v Clermont Coal [2015] FCA 1014 Elliott v Kodak Australasia [2001] FCA 1804 National Tertiary Education Union v Royal Melbourne Institute of Technology (2013) 234 IR 139 Quinn v Overland [2010] FCA 799; 199 IR 40 Tattsbet v Morrow [2015] FCAFC 62; (2015) 233 FCR 46 Voxson Pty Ltd v Telstra Corporation Limited (No 7) [2017] FCA 267 Wong v National Australia Bank [2021] FCA 671 Wood v Lord Mayor Councillors and Citizens of the City of Melbourne (1979) 41 FLR 1 at 1
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