Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Republic of Italy (Minister of Foreign Affairs and International Cooperation – Adelaide Consulate) v Benvenuto [2018] FCAFC 64 Appeal from: Republic of Italy v Benvenuto [2017] SAIRC 31
File numbers: SAD 173 of 2017 SAD 174 of 2017
Judges: ALLSOP CJ, BESANKO AND WHITE JJ
Date of judgment: 24 April 2018
Catchwords: INDUSTRIAL LAW – appeals from the Industrial Relations Court of South Australia – immunity of a foreign State from the jurisdiction of Australian courts under s 12(1) of the Foreign States Immunities Act 1985 (Cth) (the Immunities Act) – application of s 12(4) of the Immunities Act – whether an inconsistent provision is included in the contracts of employment – meaning of "inconsistent provision" – whether a law of Australia does not avoid the operation of, or prohibit or render unlawful the inclusion of, the provision – appeals dismissed.
Legislation: Conciliation and Arbitration Act 1904 (Cth) ss 49, 61, 123 Fair Work Act 2009 (Cth) ss 30B, 30D, 33, 34, 35(1), 42, 45, 47(1), 545(3) Foreign States Immunities Act 1985 (Cth) ss 9, 10, 11, 12, 17 Annual Holidays Act 1944 (NSW) ss 8, 13 Fair Work (Commonwealth Powers) Act 2009 (SA) s 5 Labour and Industry Act 1958 (Vic) ss 146,149, 157, 160 Long Service Leave Act 1955 (NSW) ss 7, 12 Long Service Leave Act 1987 (SA) s 13 Industrial Arbitration Act 1940 (NSW) Italian Legislative Decree No 173 of 2000 s 154 State Immunity Act 1978 (UK) s 4
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