Zaghloul v Woodside Energy Limited (No 7)

The case of Zaghloul v Woodside Energy Limited (No 7) was heard by the Federal Court of Australia and involved a dispute regarding claims of discrimination, unlawful termination, and unconscionable conduct under Australian law. Dr Zaghloul, the plaintiff, alleged that Woodside Energy Limited, the defendant, discriminated against him on the grounds of race and disability, unlawfully terminated his employment, and engaged in unconscionable conduct during the course of employment and litigation. The court had to determine whether Dr Zaghloul's claims were precluded by the double-dipping provisions of the Fair Work Act 2009 (Cth) and if the Australian Human Rights Commission Act 1986 (Cth) provided an exclusive regime for remedying contraventions.

The court considered the principles and application of section 46PO of the Australian Human Rights Commission Act 1986 (Cth) and section 734 of the Fair Work Act 2009 (Cth). The court found that the Australian Human Rights Commission Act 1986 (Cth) provides an exclusive regime for remedying contraventions and therefore, the court could not entertain Dr Zaghloul's claims. The court further held that the double-dipping provisions in the Fair Work Act 2009 (Cth) precluded Dr Zaghloul from making a general protections court application in relation to the matters already complained of to the Australian Human Rights Commission.

The court allowed Woodside Energy Limited's interlocutory application, finding that Dr Zaghloul's claims were precluded by the double-dipping provisions in the Fair Work Act 2009 (Cth) and that the Australian Human Rights Commission Act 1986 (Cth) provided an exclusive regime for remedying contraventions. The court ordered that Woodside Energy Limited provide a minute of proposed orders within 7 days of the publication of these reasons and that Dr Zaghloul pay Woodside Energy Limited's costs of this interlocutory application, to be assessed if not agreed.