Crossing v Anglicare NSW South, NSW West & ACT [2021] FCA 1112

Crossing v Anglicare NSW South, NSW West & ACT [2021] FCA 1112

The applicant was employed on the basis that he would imminently complete the FCAN Financial Counselling Course, but failed to obtain the required qualifications. Respondents' actions were not motivated by unlawful reasons, including disability or exercise of workplace rights. None of the alleged adverse actions were established, and even if they had been, they were not for prohibited reasons. FCAN is not an industrial association under the Fair Work Act. Consultation and complaint rights were not triggered in the circumstances. Application dismissed.

Jurisdiction
Australia
Judgment Date
14 September 2021
Procedural Posture
Originating Application / Final Judgment
Outcome
Application dismissed
Legal Topics
['adverse Action' 'workplace Rights' 'disability Discrimination' 'enterprise Agreement' 'fair Work Act 2009 (cth)' 'employment Termination']
['employment and Industrial Relations' 'industrial Law'] ['adverse Action' 'workplace Rights' 'disability Discrimination' 'enterprise Agreement' 'fair Work Act 2009 (cth)' 'employment Termination']

Case Brief

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Procedural Posture

Originating Application / Final Judgment

Legal Issues

  1. 1 ['Whether the respondents took adverse action against the applicant for an unlawful reason under Part 3-1 of the Fair Work Act 2009 (Cth)' 'Whether the applicant exercised workplace rights under s 341(1) of the Fair Work Act' "Whether the applicant's mental disability was a reason for adverse action contrary to s 351" "Whether the Financial Counsellor's Association of New South Wales (FCAN) is an 'industrial association' under s 12" 'Whether the applicant was entitled to consultation rights under the applicable enterprise agreement' 'Whether the applicant made a complaint within the meaning of s 341(1)(c)' 'Whether the applicant was discriminated against in employment']

Ratio Decidendi

The applicant was employed on the basis that he would imminently complete the FCAN Financial Counselling Course, but failed to obtain the required qualifications. Respondents' actions were not motivated by unlawful reasons, including disability or exercise of workplace rights. None of the alleged adverse actions were established, and even if they had been, they were not for prohibited reasons. FCAN is not an industrial association under the Fair Work Act. Consultation and complaint rights were not triggered in the circumstances. Application dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']