Heal v Sydney Flames Basketball Pty Ltd [2024] FCA 401

Federal Court of Australia

Heal v Sydney Flames Basketball Pty Ltd [2024] FCA 401 File number(s): NSD 98 of 2023

Judgment of: HALLEY J

Date of judgment: 19 April 2024

Catchwords: INDUSTRIAL LAW – general protections – adverse action – workplace rights – whether employee had or exercised workplace rights – whether alleged workplace rights were workplace rights within the meaning of s 341(1)(c) of the Fair Work Act 2009 (Cth) (FW Act) – consideration of the meaning of "complaint" or "inquiry" an employee is "able to make" "in relation to" their employment – some alleged complaints and inquiries found to be the exercise of a workplace right within the meaning of s 341(1)(c) of the FW Act – whether employer took adverse action against employee – where employee was suspended from employment – suspension and related actions constituted adverse action within the meaning of s 342 of the FW Act – whether adverse action taken because of the exercise of workplace rights – reverse onus of proof under s 361(1) of the FW Act – evidence of decision makers as to reasons for taking adverse actions accepted – where satisfied none of the established adverse actions were taken because of the exercise of any of the established workplace rights – reverse onus discharged – general protections claims dismissed INDUSTRIAL LAW – alleged contravention of FW Act for failing to provide employee records pursuant to reg 3.42 of the Fair Work Regulations 2009 (Cth) (FW Regulations) – where pleaded contravention of reg 3.42(1) for failing to provide employee records pursuant to the employee's requests – where employee records were provided – where employee instead advanced contravention of reg 3.42(3) concerned with time frame for providing employee records – where reg 3.42(1) and reg 3.42(3) are different civil penalty provisions – where employer contends employee should not be allowed to advance claim for contravention different to his pleaded case – where employee did not seek to amend pleadings – employee held to pleaded case – contravention not established INDUSTRIAL LAW – alleged contravention of FW Act for failing to provide payslips pursuant to s 536(1) of the FW Act – where contravention admitted by the employer – penalties for contravention to be determined CONTRACTS – breach of contract – where employee entitled to "sponsorship income" under employment contract for sponsorships "procured" by the employee – where employee claims he procured two sponsorships – where employee claims employer breached the contract by failing to pay to him the sponsorship income – consideration of the meaning of "procure" and whether sponsorships were "procured" by the employee – where necessary to construe meaning in the context of the employment contract as a whole and the surrounding circumstances known to the parties – where satisfied that employee procured the sponsorships – employee entitled to sponsorship income – breach of contract claim established