Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v SIMPEC Pty Ltd

Federal Court of Australia, 14 May 2025
[2025] FCA 470, (2025) 339 IR 334

• Practice and Procedure — Representation by union — Civil remedy proceedings instituted on behalf of class of employees employed by respondent — Where applicant seeks to institute and maintain proceedings brought on behalf of certain full-time employees employed by respondent on magnetite mining operation — Where applicant’s pleadings identify class by reference to rostering arrangements and contracts of employment — Whether applicant’s claim ought to be limited to employee identified in Statement of Claim — Class of employees adequately identified — Fair Work Act 2009 (Cth), s 540(6)

Gillham v Melbourne Symphony Orchestra Pty Ltd

Federal Court of Australia, 8 May 2025
[2025] FCA 458, (2025) 339 IR 239

• Practice and Procedure — Pre-trial applications — Interlocutory application for summary dismissal or strike-out of pleadings — Underlying claim of adverse action by termination of independent contractor’s contract — Contested constructions of ambit of general protections provisions of Fair Work Act 2009 (Cth) — Where applicant claims to have been subjected to adverse action by reason of statement criticising killings of Palestinian journalists — Where applicant’s claim predicated upon existence and exercise of workplace right — Where workplace right claimed right to freedom from discrimination for expressing political beliefs and engaging in political activity under ss 18 and 21 of Equal Opportunity Act 2010 (Vic) — Where applicant’s status as independent contractor conceded by respondents — Whether applicant entitled as independent contractor to protections of workplace law as workplace right — Whether applicant’s proposed construction of s 12(d) and general protections provisions of Fair Work Act 2009 (Cth) untenable — Applicant’s proposed construction arguable — Matter to proceed to trial in ordinary course — Federal Court of Australia Act 1976 (Cth), s 31A — Fair Work Act 2009 (Cth), ss 3, 11, 12(d), 335, 336, 340, 341, 342, 351, 550, 558B, 789AC, 789BB — Equal Opportunity Act 2010 (Vic), ss 4, 18, 21 — Federal Court Rules 2011 (Cth), rr 16.21(1)(e), 26.01

Satterly v Brisbane City Council

Queensland Industrial Relations Commission, 1 April 2025
[2025] QIRC 97, (2025) 339 IR 281

• Evidence — Admissibility — Admissibility of surreptitiously recorded audio recordings — Where colleague secretly recorded applicant’s verbal abuse and intimidation — Where recordings sought to be adduced in Queensland Industrial Relations Commission — Where recordings relevant to certain misconduct alleged against applicant — Whether respondent had interest in private conversation as to make communication or publication reasonable under circumstances — Respondent had interest — Recordings admissible — Invasion of Privacy Act 1971 (Qld), ss 43, 45