Cavar v Greengate Management Services Pty Ltd (No.2)

In *Cavar v Greengate Management Services Pty Ltd (No.2)*, the Federal Circuit and Family Court of Australia considered an application by the respondent, Greengate Management Services Pty Ltd, for summary dismissal of proceedings brought by the applicant, Mr Cavar. Mr Cavar alleged that he had been subjected to adverse action in contravention of the *Fair Work Act 2009* (Cth) and also unlawful discrimination on the grounds of age, ethnicity, and nationality.

The primary legal issue before the Court was whether Mr Cavar's claim under the *Fair Work Act 2009* had no reasonable prospects of success, thereby warranting summary dismissal. A related issue was whether Mr Cavar was prohibited from pursuing claims under both the *Fair Work Act 2009* and other statutes, such as anti-discrimination legislation, for the same conduct.

Judge Cameron found that Mr Cavar's claim under the *Fair Work Act 2009* did not have reasonable prospects of success. The Court applied the principles governing summary dismissal, which require a high degree of certainty that a claim is bound to fail. The Court determined that the evidence presented did not establish a sufficient causal link between the alleged adverse action and Mr Cavar's protected attributes to satisfy the requirements of the adverse action provisions. Furthermore, the Court considered the interplay between the *Fair Work Act 2009* and other legislative regimes, concluding that while concurrent claims might be permissible in some circumstances, the specific factual matrix of this case did not support the continuation of the adverse action claim.

The Court ordered that the proceedings brought by Mr Cavar under the *Fair Work Act 2009* be dismissed.