Alouani-Roby v National Rugby League Ltd [2024] FCAFC 161

Federal Court of Australia Alouani-Roby v National Rugby League Ltd [2024] FCAFC 161 Appeal from: Alouani-Roby v National Rugby League Ltd [2024] FCA 12

File number:

Judgment of: SNADEN, MEAGHER AND NEEDHAM JJ

Date of judgment: 12 December 2024

Catchwords: INDUSTRIAL LAW – appeal from judgment of a single judge dismissing application for judicial review of a decision of a Full Bench of the Fair Work Commission (the "Commission") – where appellant engaged under a series of fixed-term contracts – where final contract permitted earlier termination on notice – where appellant sought to challenge dismissal under Pt 3-1 of the Fair Work Act 2009 (Cth) (the "FW Act") – whether appellant had been dismissed from his employment – whether the Commission properly construed meaning of "dismissed" in s 386(1) of the FW Act – whether appellant was employed under a "contract of employment for a specified period of time" for the purposes of s 386(2)(a) of the FW Act – primary judge concluded that the Commission had properly considered whether appellant had been "dismissed" – primary judge concluded that appellant had been "employed under a contract of employment for a specified period of time" – whether those conclusions were products of error

Fair Work Act 2009 (Cth) Pts 2-4, 3-1, 3-2, ss 340, 365, 368, 369, 370, 386, 570, 578, 604 Fair Work Bill 2008 (Cth) Legislation: Industrial Relations Act 1988 (Cth) Pt VIA, s 170CC Workplace Relations Act 1996 (Cth) ss 170CBA, 170CC, 638 Workplace Relations Amendment (Fair Termination) Act 2003 (Cth) Workplace Relations Regulations reg 30B