Turner v Ready Workforce (A division of Chandler Macleod) Pty Ltd [2022] FCA 467

Turner v Ready Workforce (A division of Chandler Macleod) Pty Ltd [2022] FCA 467

Discontinuance of the representative proceeding is appropriate as, following the retrospective amendments to the Fair Work Act 2009 (Cth) and the High Court decision in WorkPac Pty Ltd v Rossato, the claims advanced have little prospects of success, funding has been withdrawn, group members' interests are protected by resumption of limitation periods, and discontinuance is not unfair, unreasonable or adverse to group members' interests.

Parties
Applicant: Simon Alexander Turner; First Respondent: Ready Workforce (A Division of Chandler Macleod) Pty Ltd; Second Respondent: Mt Arthur Coal Pty Limited; Third Respondent: Chandler Macleod Group Limited; Objector: Mr S Stephens
Jurisdiction
Australia
Judgment Date
29 April 2022
Procedural Posture
Representative Proceeding (class Action) / Application for Approval to Discontinue Representative Proceeding
Outcome
Discontinuance approved
Legal Topics
Casual Employment Status, Entitlements Under Industrial Awards and Agreements, Discontinuance of Representative Proceedings, Limitation Periods, Class Action Procedure
Employment Law Industrial Relations Practice and Procedure Casual Employment Status Entitlements Under Industrial Awards and Agreements Discontinuance of Representative Proceedings Limitation Periods Class Action Procedure

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Parties

Simon Alexander Turner

Applicant

Ready Workforce (A Division of Chandler Macleod) Pty Ltd

First Respondent

Mt Arthur Coal Pty Limited

Second Respondent

Chandler Macleod Group Limited

Third Respondent

Mr S Stephens

Objector

Procedural Posture

Representative Proceeding (class Action) / Application for Approval to Discontinue Representative Proceeding

Legal Issues

  1. 1 Whether approval to discontinue representative proceeding is appropriate under s 33V of Federal Court of Australia Act 1976 (Cth)
  2. 2 Whether discontinuance would be unfair or unreasonable or adverse to group members' interests
  3. 3 Legal status of group members as casual employees

Ratio Decidendi

Discontinuance of the representative proceeding is appropriate as, following the retrospective amendments to the Fair Work Act 2009 (Cth) and the High Court decision in WorkPac Pty Ltd v Rossato, the claims advanced have little prospects of success, funding has been withdrawn, group members' interests are protected by resumption of limitation periods, and discontinuance is not unfair, unreasonable or adverse to group members' interests.

Court Disposition

Discontinuance approved

Orders

  • Discontinuance of the proceeding approved pursuant to s 33V(1) of the Federal Court of Australia Act 1976 (Cth). Applicant has leave to file notice of discontinuance forthwith.
  • Any limitation period that applies to the claim of the Applicant or any group member begins to run again from the date 60 days after notice of discontinuance is filed.