Alouani-Roby v National Rugby League Ltd

The applicant, Mr Alouani-Roby, sought judicial review of a decision by the Full Bench of the Fair Work Commission (FWC) which dismissed his application for adverse action involving dismissal. The applicant contended that the Full Bench erred in its consideration of his contract, misapplying the principles of WorkPac Pty Ltd v Rossato [2021] HCA 23; 271 CLR 456. Alternatively, he argued that his employment was for a specified period of time under s 386(2)(a) of the Fair Work Act 2009 (Cth). The central issue before the court was whether the Full Bench of the FWC committed jurisdictional error in its decision-making process. The court was required to determine if the Full Bench misapplied the statutory test by focusing narrowly on the most recent contract, and if it failed to consider the broader system of contracting and the NRL's initiatives. Additionally, the court needed to ascertain whether Mr Alouani-Roby's employment was for a specified period of time, thus concluding his employment upon the expiry of the specified period.

The Full Bench, in its decision, asked the appropriate question and undertook the correct inquiry to determine whether Mr Alouani-Roby was dismissed. The Full Bench considered the statutory test under s 386(1)(a) and the principles of WorkPac correctly, focusing on the most recent contract but also considering the broader context of Mr Alouani-Roby's employment. The Full Bench did not misapply itself by failing to consider the system of contracting and the NRL's initiatives. Furthermore, the Full Bench found that Mr Alouani-Roby's employment was for a specified period of time under s 386(2)(a) of the Fair Work Act 2009 (Cth), concluding that his employment terminated upon the expiry of the specified period. Therefore, the Full Bench's decision was not affected by jurisdictional error.

The application was dismissed with the court noting that the Full Bench of the FWC correctly applied the relevant principles and statutory provisions in reaching its decision. The Full Bench correctly identified and applied the statutory test for dismissal and did not misapply itself by focusing on the most recent contract. The Full Bench also correctly considered the specified period of Mr Alouani-Roby's employment, concluding that his employment terminated upon the expiry of the specified period. Consequently, the Full Bench's decision was not affected by jurisdictional error.