Jess v Cooloola Milk Pty Ltd [2022] FCAFC 75

Federal Court of Australia

Jess v Cooloola Milk Pty Ltd [2022] FCAFC 75 Appeal from: Jess v Cooloola Milk Pty Ltd [2021] FCCA 1526

File number: QUD 254 of 2021

Judgment of: RANGIAH, DOWNES AND MCELWAINE JJ

Date of judgment: 10 May 2022

Catchwords: INDUSTRIAL LAW – appeal from a decision of the Federal Circuit Court of Australia – where primary judge held that the first and second respondents contravened s 535 of the Fair Work Act 2009 (Cth) and otherwise dismissed the application with no order imposing pecuniary penalties – whether the primary judge erred by not providing procedural fairness – whether the primary judge erred in concluding that applicant was a casual employee – whether the primary judge erred in finding that s 15A Fair Work Act 2009 (Cth) did not apply – where primary judge accepted evidence of witness but failed to address material evidence and arguments which, if accepted, could have led to rejection of that evidence – appeal allowed

Legislation: Fair Work Act 2009 (Cth) ss 12, 15A, 86, 95, 106, 340, 341(1), 342, 345, 361, 386, 535, 545A(4), 546, 550, 570, Sch 1 cl 46 Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Act 2021 (Cth) Federal Court of Australia Act 1976 (Cth) s 28(1) Fair Work Regulations 2009 (Cth) reg 3.33(2) Road Transport and Distribution Award 2010 cl 27 Revised Explanatory Memorandum, Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2020 Second Reading Speech, Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2020