Freeman v Elmore Ltd and Anor (No.2)

In *Freeman v Elmore Ltd and Anor (No.2)*, the applicant, Freeman, brought proceedings against the respondents, Elmore Ltd and another party, alleging contraventions of sections 44 and 340 of the *Fair Work Act 2009* (Cth), failure to pay entitlements, and breach of contract. The respondents filed a cross-claim against Freeman. The matter was heard by Judge Street in the Federal Circuit and Family Court of Australia.

The court was required to determine whether the respondents had contravened sections 44 and 340 of the *Fair Work Act 2009* (Cth) by failing to pay the applicant's entitlements and whether they had breached their contract with the applicant. Additionally, the court had to consider the respondents' cross-claim against the applicant.

Judge Street found that the first respondent had discharged its onus under section 361 of the *Fair Work Act 2009* (Cth) by establishing that the applicant had engaged in serious misconduct. Consequently, the court determined that the cross-claims were not permitted under the Act. As no contravention of the Act or breach of contract was made out by the applicant, and the cross-claims were dismissed, the application was dismissed in its entirety.