Euro Car Parts Pty Ltd v Cannon [2024] FCA 828

Federal Court of Australia

Euro Car Parts Pty Ltd v Cannon [2024] FCA 828 File number(s): NSD 1155 of 2022

Judgment of: HALLEY J

Date of judgment: 30 July 2024

Catchwords: INDUSTRIAL LAW – appeal from orders of Industrial Magistrate of the Industrial Magistrates Court of Western Australia – jurisdictional issue – whether the Industrial Magistrates Court of Western Australia has jurisdiction to make orders with respect to contraventions of s 323 of the Fair Work Act 2009 (Cth) (Act) – consideration of the construction of s 323 of the Act and extent to which it can enforce contractual underpayments – consideration of the jurisdiction of an "eligible State or Territory court" to make orders under s 545(3) of the Act – where s 323 of the Act imposes statutory obligation to pay amounts due in full, in money and at least monthly – jurisdictional challenge unsuccessful INDUSTRIAL LAW – whether the Industrial Magistrate erred in not setting aside default judgment – whether there was a serious question to be tried – where employee claims he was entitled to increased salary after completion of probation period pursuant to oral term in his employment contract – where employer claims it made loans to employee – Industrial Magistrate erred only with respect to oral term of employment contract in finding there was not a serious question to be tried – high degree of certainty that employer would not have succeeded with respect to its claims of loans made to employee – appeal allowed in part

Legislation: Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth) Fair Work Act 2009 (Cth) ss 90, 117, 119, 323, 324, 536, 539, 545, 565, 789GDA Fair Work Regulations 2009 (Cth) reg 3.46 Federal Court of Australia Act 1976 (Cth) ss 24, 27 Industrial Magistrate's Court (General Jurisdiction) Regulations 2005 (WA) regs 8, 13 Magistrates Court (Civil Proceedings) Act 2004 (WA) s 13