Alouani-Roby v National Rugby League Ltd [2024] FCA 12

Federal Court of Australia

Alouani-Roby v National Rugby League Ltd [2024] FCA 12 Review of: Timothy Andrew Alouani-Roby v National Rugby League Limited, Bernard Sutton and Graham Annesley [2022] FWCFB 171; 318 IR 389

File number: NSD 1065 of 2022

Judgment of: RAPER J

Date of judgment: 18 January 2024

Catchwords: ADMINISTRATIVE LAW – application for judicial review of decision of the Full Bench of the Fair Work Commission under s 39B of the Judiciary Act 1903 (Cth) – whether the decision was affected by jurisdictional error because the Commission erroneously considered itself constrained by the principles espoused by the High Court in WorkPac Pty Ltd v Rossato [2021] HCA 23; 271 CLR 456 when determining whether the applicant was dismissed within the meaning of s 386(1)(a) of the Fair Work Act 2009 (Cth) by giving primacy to the most recent contract and failing to take into account the system of contracting and the ranking process – whether in any event the employment contract was for a specified period of time under s 386(2)(a) of the Fair Work Act 2009 (Cth) – application dismissed

Legislation: Fair Work Act 2009 (Cth) ss 340, 343, 345, 346, 351, 365, 386, 386(1), 386(1)(a), 386(2)(a), 562, 578, 578(a), 578(b) Industrial Relations Act 1988 (Cth) s 170CC Industrial Relations Reform Act 1993 (Cth) Judiciary Act 1903 (Cth) ss 39B, 39B(1), 39B(1A)(c) Workplace Relations Act 1996 (Cth) s 170CBA Workplace Relations Amendment (Fair Termination) Act 2003 (Cth) Industrial Relations Regulations 1989 (Cth) reg 30B Industrial Relations Regulations (Amendment) 1994 (Cth) ILO Convention (No. 158) concerning Termination of Employment at the Initiative of the Employer, opened for signature 22 June 1982, ATS 1994 4, (entered into force 23 November 1985) Termination of Employment Recommendation (1982)