Federal Court of Australia
Federal Court of Australia Secretary, Department of Employment and Workplace Relations v Bhagwandas [2023] FCA 398 Appeal from: Bhagwandas v Secretary, Attorney-General's Department [2021] AATA 3509
File number(s): VID 635 of 2021
Judgment of: MURPHY J
Date of judgment: 3 May 2023
Catchwords: ADMINISTRATIVE LAW – appeal from the Administrative Appeals Tribunal on questions of law – whether the Administrative Appeals Tribunal erred by finding that the respondent was entitled to an advance under the Fair Entitlements Guarantee Act 2012 (Cth) – advance based in unpaid commission payable upon settlement of the sale of properties, where settlement did not occur until after the wages entitlement period– appeal dismissed.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Corporations Act 2001 (Cth) Fair Entitlements Guarantee Act 2012 (Cth)
Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (NT) [2009] HCA 41; 239 CLR 27 Bhagwandas v Secretary, Attorney-General's Department [2021] AATA 3509 Bull v Attorney-General (NSW) [1913] HCA 60; 17 CLR 370 Codelfa Construction Pty Ltd v State Rail Authority (NSW) [1982] HCA 24; 149 CLR 337 Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 Construction, Forestry, Mining and Energy Union v Hadgkiss [2007] FCAFC 197; 169 FCR 151 Environmental & Earth Sciences Pty Ltd v Vouris [2006] FCA 679; 152 FCR 510 I W v City of Perth [1997] HCA 30; 191 CLR 1 Khoury v Government Insurance Office (NSW) [1984] HCA 55; 165 CLR 622 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37; 256 CLR 104 New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act [2016] HCA 50; 260 CLR 232 Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 35; 194 CLR 355 R v Kearney; Ex parte Jurlama [1984] HCA 14; 158 CLR 426 Roberts and Secretary, Attorney-General's Department [2020] AATA 1494 Soueid and Secretary, Department of Employment [2015] AATA 320 Talacko v Bennet [2017] HCA 15; 260 CLR 124
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