Federal Court of Australia
Federal Court of Australia
Dahdah v Platinum Distributors Australia Pty Ltd (No 2) [2022] FCA 416 File number: NSD 61 of 2019
Judgment of: BURLEY J
Date of judgment: 22 April 2022
Catchwords: INDUSTRIAL LAW – claim for unpaid wages and entitlements under the Fair Work Act 2009 (Cth) and relevant industrial award – where respondent sponsored applicant's visa to work in Australia – whether applicant terminated his employment in June 2015 – application dismissed CONSUMER LAW – alleged misleading representations regarding respondent's willingness to apply for permanent residency for the applicant after two years of employment – where representation conditional on applicant continuing his employment for two years – where that condition not met – case not established
Legislation: Competition and Consumer Act 2010 (Cth) sch 2 ss 4, 18, 31, 236 Evidence Act 1995 (Cth) s 140 Fair Work Act 2009 (Cth) ss 12, 13, 14, 19, 87, 139, 323, 535, 542, 543, 545, 550 Superannuation Guarantee (Administration) Act 1992 (Cth) Superannuation Guarantee Charge Act 1992 (Cth)
Cases cited: Association of Professional Engineers, Scientists and Managers, Australia v Wollongong Coal Ltd [2014] FCA 878 Automatic Fire Sprinklers Pty Ltd v Watson [1946] HCA 25; 72 CLR 435 Bluescope Steel (AIS) Pty Ltd v Australian Workers Union [2019] FCAFC 84; 270 FCR 359 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Kelly v Fitzpatrick [2007] FCA 1080 Koutalis v Pollett [2015] FCA 1165; 235 FCR 370 Murrihy v Betezy.com.au Pty Ltd [2013] FCA 908; 238 IR 307 Qantas Airways Ltd v Flight Attendants' Association of Australia [2020] FCAFC 227; 282 FCR 243
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