Ramsay v Menso [2018] FCAFC 55

Ramsay v Menso [2018] FCAFC 55

The appellants satisfied the criteria for entry under s 117 of the Work Health and Safety Act 2011 (Qld). Section 119 required notice as soon as reasonably practicable after entry, so completion or provision of a notice was not a prerequisite to exercising the right of entry. In any event, omission of middle names and use of 'Tony' rather than 'Anthony' did not vitiate the right of entry. The first respondent's refusals or undue delays therefore contravened s 501 of the Fair Work Act 2009 (Cth). The second respondent was also liable because, on the pleadings and deemed admissions, the first respondent's relevant conduct was engaged in on its behalf and within her actual or apparent...

Jurisdiction
Australia
Judgment Date
10 April 2018
Procedural Posture
Appeal Concerning Alleged Contraventions of Ss 501 and 502 of the Fair Work Act 2009 (cth) / Appeal From a Federal Circuit Court Decision Dismissing the Application
Outcome
Appeal allowed; declarations made under s 545 of the Fair Work Act 2009 (Cth); matter remitted to the Federal Circuit Court for penalty and other orders.
Legal Topics
['right of Entry' 'whs Entry Permits' 'notice of Entry' 'refusal or Delay of Entry' 'corporate Liability for Conduct of Officer']
['industrial Law' 'work Health and Safety' 'civil Penalty Proceedings'] ['right of Entry' 'whs Entry Permits' 'notice of Entry' 'refusal or Delay of Entry' 'corporate Liability for Conduct of Officer']

Case Brief

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Procedural Posture

Appeal Concerning Alleged Contraventions of Ss 501 and 502 of the Fair Work Act 2009 (cth) / Appeal From a Federal Circuit Court Decision Dismissing the Application

Legal Issues

  1. 1 ['Whether the notice of entry required by s 119 of the Work Health and Safety Act 2011 (Qld) must be completed prior to entry notwithstanding that there is no requirement to give a copy of the notice prior to, or at the time of entry.' "Whether failure to include the permit holders' middle names on a notice completed pursuant to s 119 of the Work Health and Safety Act 2011 (Qld) renders the notice invalid and vitiates any right of entry under s 117 of that Act." "Whether the second respondent was liable under s 793 of the Fair Work Act 2009 (Cth) for the first respondent's conduct." 'Whether the respondents contravened s 501 or alternatively s 502 of the Fair Work Act 2009 (Cth).']

Ratio Decidendi

The appellants satisfied the criteria for entry under s 117 of the Work Health and Safety Act 2011 (Qld). Section 119 required notice as soon as reasonably practicable after entry, so completion or provision of a notice was not a prerequisite to exercising the right of entry. In any event, omission of middle names and use of 'Tony' rather than 'Anthony' did not vitiate the right of entry. The first respondent's refusals or undue delays therefore contravened s 501 of the Fair Work Act 2009 (Cth). The second respondent was also liable because, on the pleadings and deemed admissions, the first respondent's relevant conduct was engaged in on its behalf and within her actual or apparent...

Court Disposition

Appeal allowed; declarations made under s 545 of the Fair Work Act 2009 (Cth); matter remitted to the Federal Circuit Court for penalty and other orders.

Orders

  • ["The first respondent contravened s 501 of the FW Act by refusing or unduly delaying the first and second appellants' entry to 68 Cordelia Street, South Brisbane on 11 December 2015." "The first respondent contravened s 501 of the FW Act by refusing or unduly delaying the first and second appellants' entry to the...