AGAPITOS v Colliers International (WA) Pty Ltd

The applicant, Agapitos, brought proceedings against the respondent, Colliers International (WA) Pty Ltd, seeking payment of long service leave and commissions allegedly owed from his employment. The proceedings were heard in the Federal Court of Australia.

The primary legal issue before the court was whether the applicant's claim, which referenced the National Employment Standards under the *Fair Work Act 2009* (Cth), properly invoked the federal jurisdiction of the court. This involved determining if a claim that did not initially plead a federal matter could be amended to do so, and whether the claim constituted a justiciable controversy, particularly in relation to potential award breach claims. The court also considered whether the claim was a "bare plea" or made for an improper purpose to fabricate jurisdiction, and whether it was a trivial aspect of the controversy.

Judge McNab reasoned that the claim, by referencing the *Fair Work Act 2009* and the National Employment Standards, fell within the federal jurisdiction. The court found that the application was not a bare plea, nor was it colourable or made for the improper purpose of fabricating jurisdiction. The claim was considered a genuine aspect of the controversy and not trivial. Consequently, the court determined that no notices were required to be issued to the Attorneys-General of the States or Territories pursuant to s 78B of the *Judiciary Act 1903* (Cth).