SANGARE v Department of Infrastructure

Sangare (the applicant) brought proceedings against the Department of Infrastructure (the respondent) alleging contravention of a general protection under the *Fair Work Act 2009* (Cth) by reason of adverse action taken against him due to his race. The respondent sought summary dismissal of the proceedings.

The primary legal issue before Judge Jarrett was whether the proceedings were prohibited because a complaint made by the applicant to the Australian Human Rights Commission was extant, and whether that complaint was made in contravention of the prohibition in section 725 of the *Fair Work Act 2009*.

Judge Jarrett reasoned that section 725 of the *Fair Work Act 2009* prohibits a person from making a complaint to the Australian Human Rights Commission about a matter that is also the subject of proceedings in a court or tribunal. However, the court found that the complaint made by the applicant to the Australian Human Rights Commission was not made in contravention of this prohibition, as it was made prior to the commencement of the court proceedings. Therefore, the respondent's application for summary dismissal was refused.