Gonzalez-Barbosa v Go to Court Franchising Pty Ltd & Anor

In the Federal Circuit Court of Australia, the applicant, Ms. Gonzalez-Barbosa, a solicitor holding a current practising certificate, brought proceedings against the respondents, Go to Court Franchising Pty Ltd and another. Ms. Gonzalez-Barbosa claimed entitlements as a Level 3 Clerical and Administrative employee under the Legal Services Award 2010. The respondents sought summary dismissal of the proceedings under s.17A(2) of the *Federal Court of Australia Act 1999* (Cth), arguing that Ms. Gonzalez-Barbosa had no reasonable prospect of successfully prosecuting her claims.

The central legal issues before the Court were whether Ms. Gonzalez-Barbosa, as a solicitor holding a practising certificate, could be classified as a Level 3 Clerical and Administrative employee under the Legal Services Award 2010, and consequently, whether she had any reasonable prospect of succeeding in her claims for wages and superannuation under that award. Additionally, the Court had to determine if her claims for contravention of ss.357 and 550 of the *Fair Work Act 2009* (Cth) had a reasonable prospect of success.

Judge A Kelly reasoned that a solicitor holding a practising certificate was not a Level 3 Clerical and Administrative employee within the meaning of the Legal Services Award 2010, as their professional status and responsibilities fell outside that classification. Accordingly, the claims for wages and superannuation under the award were dismissed. However, the Court found that Ms. Gonzalez-Barbosa's claims alleging contravention of ss.357 and 550 of the *Fair Work Act 2009* (Cth) did have a reasonable prospect of success and were therefore permitted to proceed to trial.