Brown v Sedco Forex International Drilling Inc [1996] IRCA 482

DECISION NO: 482/96 IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY WI 1256 of 1996 B E T W E E N: ADAM G BROWN

1st Applicant

A N D:

AUSTRALIAN WORKERS UNION

2nd Applicant

A N D:

SEDCO FOREX INTERNATIONAL DRILLING INC

Respondent

REASONS FOR JUDGMENT 10 OCTOBER 1996 BOON JR

INTRODUCTION

This is an application under section 170EA of the Industrial Relations Act 1988 (C'th) ("the Act"). The applicant employee, Adam Brown, is seeking payment of compensation arising out of the alleged unlawful termination of his employment by the respondent, Sedco Forex International Drilling Inc ("Sedco").

Sedco's position is that this Court has no jurisdiction to hear and determine the matter, as it says that there was no termination of Mr Brown's employment at the initiative of the employer. Further, Sedco says that if it is found that this Court does have jurisdiction, there was a valid reason, in any event, for the termination of Mr Brown's employment.

Mr Brown and the Australian Workers Union ("AWU") deny that there was no termination at the initiative of the employer, and state that there was no valid reason for the termination of Mr Brown's employment.

THE EVIDENCE

Sedco carries on the business of offshore oil and gas exploration drilling. It has a Perth office which conducts some administrative work.

Mr Brown is 30 years old, and commenced employment with Sedco on its 702 offshore drilling rig as a floorman from 18 June 1994.

On 26 June 1994, Mr Brown injured his shoulder whilst at work. From then on, Mr Brown received workers compensation payments under the provisions of the Workers Compensation and Assistance Act 1981 (WA) until he received the maximum amount payable under the provisions of that Act.

Mr Brown was placed on a rehabilitation program based in Adelaide, which is his usual place of residence, from 15 July 1994 until mid-1995. Mr Brown's family and friends live in Adelaide and he owns a property there. He has two mortgages.