Mbuzi v World Vision Australia - [2025] FCA 866

FEDERAL COURT OF AUSTRALIA
Mbuzi v World Vision Australia [2025] FCA 866

Appeal from: Mbuzi v World Vision Australia [2024] FedCFamC2G 651

File number: QUD 432 of 2024

Judgment of: RANGIAH J

Date of judgment: 29 July 2025

Catchwords: INDUSTRIAL LAW – appeal from decision of Federal Circuit and Family Court – primary judge dismissed claim that the respondent had contravened s 45 of the Fair Work Act 2009 (Cth) – appellant alleged hearing was invalid because respondent was legally represented without leave in breach of s 548(5) – jurisdiction of Court in small claims proceedings considered – appellant alleges hearing was conducted without sufficient notice – no denial of procedural fairness – asserted errors regarding primary judge’s assessment of evidence not established – no error in attribution of onus of proof – appeal dismissed

Legislation:
Fair Work Act 2009 (Cth) ss 45, 539(2), 545(2)(b), 548(1), 548(3) and 548(5)

Federal Circuit and Family Court of Australia Act2021 (Cth) ss 131, 189(1) and 254(2)

Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) rr 21.01(1) and (2)

Cases cited:
Calvin v Carr [1980] AC 574

Kioa v West (1985) 159 CLR 550

Mbuzi v World Vision Australia [2024] FedCFamC2G 651

National Companies and Securities Commission v News Corp Ltd (1984) 156 CLR 296

O’Rourke v Miller (1985) 156 CLR 342

Ord Minnett Holdings Pty Limited v Theodorou [2025] FCA 721

Pilbara Infrastructure Pty Ltd v BGC Contracting Pty Ltd (2007) 35 WAR 412

Plaintiff S10/2011 v Minister for Immigration and Citizenship (2012) 246 CLR 636

R v Marks; Ex Parte Australian Building Construction Employees’ and Builders Labourers’ Federation (1981) 147 CLR 471

Division: Fair Work Division

Registry: Queensland

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 43

Date of hearing: 28 July 2025

Counsel for the Appellant: The Appellant was self-represented

Solicitor for the Respondent: Ms C Brattey of Corrs Chambers Westgarth

ORDERS

QUD 432 of 2024

BETWEEN:
JOSIYAS MBUZI

Appellant

AND:
WORLD VISION AUSTRALIA - ABN 28 004 778 081

Respondent

ORDER MADE BY:

RANGIAH J

DATE OF ORDER:

29 JULY 2025

THE COURT ORDERS THAT:
1.The appeal be dismissed.
2.There be no order as to costs.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT
(DELIVERED EX TEMPORE AND REVISED FROM TRANSCRIPT)
RANGIAH J:

The appellant commenced proceedings in the Federal Circuit and Family Court (FCFCOA) seeking compensation for alleged breaches of the terms of a modern award in contravention of s 45 of the Fair Work Act 2009 (Cth) (the FWA).
In Mbuzi v World Vision Australia [2024] FedCFamC2G 651, the primary judge made the following orders:
1.The Application by the Respondent for leave to be granted to be legally represented is refused.
2.The Application filed on 8 April 2024 and the application in a proceeding filed on 2 July 2024 are dismissed.
The appellant appeals against the second of these orders. The “Application…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] FCA 866
Decision Date: 29 July 2025

CaseChat Overview and Summary

The case of Mbuzi v World Vision Australia was heard by the Full Bench of the Federal Court of Australia. The appellant, Mbuzi, appealed against a decision of the Federal Circuit and Family Court that dismissed his claim that World Vision Australia had contravened section 45 of the Fair Work Act 2009. Mbuzi alleged that the hearing was invalid due to the respondent's legal representation without leave in breach of section 548(5) of the Fair Work Act. He also argued that the hearing was conducted without sufficient notice and that procedural fairness was denied. Furthermore, Mbuzi contended that the primary judge made errors in assessing the evidence and in attributing the onus of proof.

The court considered the jurisdictional constraints in small claims proceedings and found no error in the primary judge's assessment of the evidence or in the attribution of the onus of proof. The Full Bench held that the hearing was conducted in accordance with procedural fairness and that the respondent's legal representation did not invalidate the proceedings. Mbuzi's argument regarding insufficient notice was also dismissed, as the court found that he had been adequately informed of the proceedings. Consequently, the appeal was dismissed, and no order as to costs was made.

In summary, the Full Bench of the Federal Court dismissed the appeal, affirming the primary judge's decision and rejecting Mbuzi's allegations of procedural errors and unfair representation. The court's reasoning was grounded in the proper application of the Fair Work Act and procedural fairness principles, leading to the dismissal of the appeal without any order for costs.

Orders

Orders of the court

1. The appeal be dismissed.

2. There be no order as to costs.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Appeal from:	Mbuzi v World Vision Australia [2024] FedCFamC2G 651
File number:	QUD 432 of 2024
Judgment of:	RANGIAH J
Date of judgment:	29 July 2025
Catchwords:	INDUSTRIAL LAW – appeal from decision of Federal Circuit and Family Court – primary judge dismissed claim that the respondent had contravened s 45 of the Fair Work Act 2009 (Cth) – appellant alleged hearing was invalid because respondent was legally represented without leave in breach of s 548(5) – jurisdiction of Court in small claims proceedings considered – appellant alleges hearing was conducted without sufficient notice – no denial of procedural fairness – asserted errors regarding primary judge’s assessment of evidence not established – no error in attribution of onus of proof – appeal dismissed
Legislation:	Fair Work Act 2009 (Cth) ss 45, 539(2), 545(2)(b), 548(1), 548(3) and 548(5) Federal Circuit and Family Court of Australia Act2021 (Cth) ss 131, 189(1) and 254(2) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) rr 21.01(1) and (2)
Cases cited:	Calvin v Carr [1980] AC 574 Kioa v West (1985) 159 CLR 550 Mbuzi v World Vision Australia [2024] FedCFamC2G 651 National Companies and Securities Commission v News Corp Ltd (1984) 156 CLR 296 O’Rourke v Miller (1985) 156 CLR 342 Ord Minnett Holdings Pty Limited v Theodorou [2025] FCA 721 Pilbara Infrastructure Pty Ltd v BGC Contracting Pty Ltd (2007) 35 WAR 412 Plaintiff S10/2011 v Minister for Immigration and Citizenship (2012) 246 CLR 636 R v Marks; Ex Parte Australian Building Construction Employees’ and Builders Labourers’ Federation (1981) 147 CLR 471
Division:	Fair Work Division
Registry:	Queensland
National Practice Area:	Employment and Industrial Relations
Number of paragraphs:	43
Date of hearing:	28 July 2025
Counsel for the Appellant:	The Appellant was self-represented
Solicitor for the Respondent:	Ms C Brattey of Corrs Chambers Westgarth

ORDER MADE BY:	RANGIAH J
DATE OF ORDER:	29 JULY 2025