Jess v Cooloola Milk Pty Ltd [2022] FCAFC 75 (10 May 2022) (Rangiah, Downes and McElwaine JJ)


Catchwords:


INDUSTRIAL LAW – appeal from a decision of the Federal Circuit Court of Australia – where primary judge held that the first and second respondents contravened s 535 of the Fair Work Act 2009 (Cth) and otherwise dismissed the application with no order imposing pecuniary penalties – whether the primary judge erred by not providing procedural fairness – whether the primary judge erred in concluding that applicant was a casual employee – whether the primary judge erred in finding that s 15A Fair Work Act 2009 (Cth) did not apply – where primary judge accepted evidence of witness but failed to address material evidence and arguments which, if accepted, could have led to rejection of that evidence – appeal allowed