QLD Calderbank offer emailed - ?Proof of receipt required

[Poidah]

Fair Work certificate has been approved, and the 14 day clock before court application has been ticking. Calderbank offer emailed to the company rather than a formal offer due to the 14 day limit. Conciliation participants along with the company's directors were emailed but no response as yet. Seems unlikely that the company would respond. They are likely waiting for a formal court application before they would offer a settlement is my impression.

I was just wondering whether there is a requirement for proof of email receipt etc? Knowing this company, they would probably deny that they have received the offer, but there is not enough time for registered post and more formal processes unfortunately.

 

[Rod]

wondering whether there is a requirement for proof of email receipt etc?

No. QLD has an electronic transactions act similar to Vic.

 

[Rob Legat - SBPL]

While Queensland does have such legislation, there are requirements for it to be relied on. Generally speaking there must be:
(a) A reasonable expectation that the information would be readily accessible and capable of subsequent reference; and
(b) The recipient consents to the information being given electronically.

Item (a) is reasonably easy to fulfill when sending by email. You do need to be careful that the address it is sent to is a valid address which is reasonable to use in the circumstances.
Item (b) can either be satisfied by getting explicit consent, or by conduct. For example: a history of email correspondence using the relevant address, or using a form which specifies the email address as capable of being used for communication.

My suggestion, if in doubt, is to send the email and also post it by mail. Odds are they will get and respond to the email, but you can fall back on the posted letter in case you have to prove your conduct down the track.

 

[Rod]

I had also noted the provision below (24(1)(a)) likely applies in the above situation because the matter has already been to the FWC and it is almost certain the employer provided an email address for communications:

the time of receipt of the electronic communication is the time the electronic communication becomes capable of being retrieved by the addressee at an electronic address designated by the addressee