Weddall v Rasier Pacific Pty Ltd [2023] FCA 59

Federal Court of Australia

Weddall v Rasier Pacific Pty Ltd [2023] FCA 59 File number: VID 427 of 2021

Judgment of: SNADEN J

Date of judgment: 8 February 2023

Catchwords: PRACTICE AND PROCEDURE – application for summary judgment – alternative orders sought for pleading to be struck out –whether applicants have reasonable prospect of success – pleading alleges unlawful record keeping failures and breaches of general protections in contravention of the Fair Work Act 2009 (Cth) ("FW Act") – where applicants allege employment by "one or more" entities – whether applicants required to identify contractual employment relationship – whether reasonable prospect of prosecuting claim under s 345(1) of the FW Act – whether representations made as to workplace rights – whether reasonable prospects of prosecuting claim under s 357(1) of the FW Act – whether applicants sufficiently identified representations – whether an "industrial association" has standing in relation to claims made under ss 535 and 536 of the FW Act – whether fifth applicant prohibited from applying for remedial orders under ss 345(1) and 357(1) of the FW Act – whether fifth applicant "entitled to represent industrial interests" of other applicants – where fifth applicant not registered under the Fair Work (Registered Organisations) Act 2009 (Cth) – whether pleading is scandalous or embarrassing – whether amended statement of claim fails to plead material facts – where pleading discursive and in the nature of submission – summary judgment declined – amended statement of claim struck out

Legislation: Fair Work Act 2009 (Cth) ss 12, 535, 536, 539, 345, 357, 545, 546, 550, 557A Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 2011 (Cth) rr 16.02, 16.21, 26.01