King v Patrick Projects Pty Ltd [2016] FCA 1479

King v Patrick Projects Pty Ltd [2016] FCA 1479

The Deed and Agreement did not give rise to any ongoing obligation to provide training to the applicants following both the cessation of their employment and the termination of the Agreement. Therefore, the applicants had no standing and no reasonable cause of action, justifying dismissal and refusal of leave to appeal.

Parties
Applicant: Daniel King; Applicant: Jason Deeney; Applicant: Chris Hughes; Applicant: Richard Park; Applicant: Denis Seiffert; Applicant: Christopher Strauss; Respondent: Patrick Projects Pty Ltd; Respondent: Asciano Limited
Jurisdiction
Australia
Judgment Date
08 December 2016
Procedural Posture
Application for Leave to Appeal / Interlocutory Judgment on Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Jurisdiction of Fair Work Commission, Standing to Enforce Training Obligation, Specific Performance Post Employment
Industrial Law Employment Law Jurisdiction of Fair Work Commission Standing to Enforce Training Obligation Specific Performance Post Employment

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Parties

Daniel King

Applicant

Jason Deeney

Applicant

Chris Hughes

Applicant

Richard Park

Applicant

Denis Seiffert

Applicant

Christopher Strauss

Applicant

Patrick Projects Pty Ltd

Respondent

Asciano Limited

Respondent

Procedural Posture

Application for Leave to Appeal / Interlocutory Judgment on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the obligation to provide or pay for training under the Deed survived the termination of employment and operation of the Agreement
  2. 2 Whether applicants had standing to sue for breach of the Deed after employment ended
  3. 3 Whether proceeding constituted an abuse of process due to prior proceedings

Ratio Decidendi

The Deed and Agreement did not give rise to any ongoing obligation to provide training to the applicants following both the cessation of their employment and the termination of the Agreement. Therefore, the applicants had no standing and no reasonable cause of action, justifying dismissal and refusal of leave to appeal.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The applicants' application for leave to appeal be dismissed.
  • The applicants pay the costs of the respondents to be taxed, if not agreed.