Barnett v Territory Insurance Office [2011] FCA 968

Barnett v Territory Insurance Office [2011] FCA 968

A common law contract of employment is not a 'workplace instrument' for the purposes of s 341(1) of the Fair Work Act 2009 (Cth) because, although such contracts regulate relationships between employers and employees, they are not given legal effect or life by a statutory enactment in the manner required. Both the structure and language of the Act and the legislative history confirm that only statutory instruments or those recognised expressly by statute are contemplated as 'workplace instruments.'

Parties
Applicant: Philip Barnett; Respondent: Territory Insurance Office
Jurisdiction
Australia
Judgment Date
24 August 2011
Procedural Posture
Application / Judgment on Preliminary Question of Law
Outcome
Application dismissed
Legal Topics
Workplace Right, Workplace Instrument, Contract of Employment, Fair Work Act 2009 (cth) S 341(1)
Industrial Law Workplace Right Workplace Instrument Contract of Employment Fair Work Act 2009 (cth) S 341(1)

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Parties

Philip Barnett

Applicant

Territory Insurance Office

Respondent

Procedural Posture

Application / Judgment on Preliminary Question of Law

Legal Issues

  1. 1 Whether a contract of employment is a 'workplace instrument' for the purposes of s 341(1) of the Fair Work Act 2009 (Cth)

Ratio Decidendi

A common law contract of employment is not a 'workplace instrument' for the purposes of s 341(1) of the Fair Work Act 2009 (Cth) because, although such contracts regulate relationships between employers and employees, they are not given legal effect or life by a statutory enactment in the manner required. Both the structure and language of the Act and the legislative history confirm that only statutory instruments or those recognised expressly by statute are contemplated as 'workplace instruments.'

Court Disposition

Application dismissed

Orders

  • 1. The application be dismissed.