Messenger v Commonwealth of Australia (Represented by the Department of Finance) [2022] FCA 677

Federal Court of Australia

Messenger v Commonwealth of Australia (Represented by the Department of Finance) [2022] FCA 677 File numbers: TAD 28 of 2017 TAD 32 of 2017

Judgment of: SNADEN J

Date of judgment: 10 June 2022

Catchwords: INDUSTRIAL LAW – employment – adverse action – related matters – applicants in the two matters husband and wife – applicants employed by first respondent – applicants engaged and supervised in their employment by second respondent – second respondent a member of the Australian Senate – applicants subjected to "show cause" processes – whether show cause processes amounted to adverse action – applicants dismissed from employment – whether applicants made complaints or inquiries that they were able to make in relation to their employment – whether applicants made complaints or inquiries that they were able to make to persons that had the capacity under workplace laws to seek compliance with such laws or with workplace instruments – whether adverse action taken because of complaints or inquiries – whether applicants entitled to payment in lieu of notice upon termination of employment – whether dismissal effected in contravention of enterprise agreement – whether second respondent intended to coerce successor member of the Australian Senate into not employing applicants – applications dismissed

Legislation: Fair Work Act 2009 (Cth) ss 12, 50, 51, 323, 340, 341, 342, 355, 360, 361, 539, 550, 793, 795 Members of Parliament (Staff) Act 1984 (Cth) ss 13, 16, 20, 23 Public Interest Disclosure Act 2013 (Cth) ss 8, 13, 19, 22, 26, 29, 69, Superannuation Guarantee (Administration) Act 1992 (Cth) Work Health and Safety Act 2011 (Cth) s 19 Fair Work Regulations 2009 (Cth) regs 1.07, 6.08, 6.09