Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Stanwell Corporation Ltd (No 2) [2014] FCA 593

Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Stanwell Corporation Ltd (No 2) [2014] FCA 593

Paragraphs 19 and 20 pleaded only the conclusion that there were insufficient staff at Tarong, without pleading the material facts from which that conclusion was drawn. The existing allegations and further particulars did not cure the deficiency, and the respondent's filing of evidence or a defence did not excuse defects in the statement of claim. Because the proceeding alleged contravention of s 50 of the Fair Work Act 2009 (Cth), a civil penalty provision, the applicants were required to plead clearly the case the respondent had to meet. Paragraphs 19 and 20 were struck out and paragraphs 21-25 were struck out to the extent they depended on them.

Jurisdiction
Australia
Judgment Date
05 June 2014
Procedural Posture
Fair Work Proceeding Seeking Civil Penalties for Alleged Contraventions of the Fair Work Act 2009 (cth) / Interlocutory Application by the Respondent to Strike Out Paragraphs of the Applicants' Statement of Claim
Outcome
The respondent's interlocutory strike-out application was allowed in respect of the impugned paragraphs to the extent ordered.
Legal Topics
['strike Out of Pleadings' 'material Facts in Pleadings' 'enterprise Agreement Consultation Obligations' 'civil Penalty Provision' 'fair Work Act 2009 (cth) S 50']
['practice and Procedure' 'industrial Law' 'fair Work'] ['strike Out of Pleadings' 'material Facts in Pleadings' 'enterprise Agreement Consultation Obligations' 'civil Penalty Provision' 'fair Work Act 2009 (cth) S 50']

Case Brief

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Procedural Posture

Fair Work Proceeding Seeking Civil Penalties for Alleged Contraventions of the Fair Work Act 2009 (cth) / Interlocutory Application by the Respondent to Strike Out Paragraphs of the Applicants' Statement of Claim

Legal Issues

  1. 1 ['Whether paragraphs 19-25 of the statement of claim provided sufficient material facts for the respondent to understand the case brought against it.' 'Whether allegations that there were insufficient staff at Tarong were material facts or impermissible conclusions drawn from unstated facts.' 'Whether further and better particulars cured any deficiency in the impugned paragraphs.' "Whether the respondent's ability to file evidence or a defence showed that the pleading was sufficient."]

Ratio Decidendi

Paragraphs 19 and 20 pleaded only the conclusion that there were insufficient staff at Tarong, without pleading the material facts from which that conclusion was drawn. The existing allegations and further particulars did not cure the deficiency, and the respondent's filing of evidence or a defence did not excuse defects in the statement of claim. Because the proceeding alleged contravention of s 50 of the Fair Work Act 2009 (Cth), a civil penalty provision, the applicants were required to plead clearly the case the respondent had to meet. Paragraphs 19 and 20 were struck out and paragraphs 21-25 were struck out to the extent they depended on them.

Court Disposition

The respondent's interlocutory strike-out application was allowed in respect of the impugned paragraphs to the extent ordered.

Orders

  • ["The following paragraphs of the applicants' statement of claim be struck out: paragraphs 19-23; paragraph 24, to the extent that it relates to an alleged contravention of clause 2.11 of the Tarong Power Stations Enterprise Agreement 2012; and paragraph 25, to the extent that it relies on the allegation pleaded in...