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Graham Middleton v Albury Wodonga Automotive Group Pty Ltd [2025] FWC 1707 | Case summary | Zoe

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Home/Cases/[2025] FWC 1707

CTHFWC

Graham Middleton v Albury Wodonga Automotive Group Pty Ltd [2025] FWC 1707

[2025] FWC 1707

Fair Work Commission|2025-06-18

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At a glance

Source facts

Court

Fair Work Commission

Decision date

2025-06-18

Source

Original judgment source is linked above.

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Judgment (2 paragraphs)

[1]

The application under s.394 of the (Cth) made by Mr Graham Middleton on 5 April 2025 is dismissed.

Fair Work Act 2009

[2]

Printed by authority of the Commonwealth Government Printer

Parties

Applicant/Plaintiff:

Graham Middleton

Respondent/Defendant:

Albury Wodonga Automotive Group Pty Ltd [2025] FWC 1707

Legislation Cited (1)

Work Act 2009

Cases Cited (2)

Graham Middleton v Albury Wodonga Automotive Group Pty Ltd [2025] FWC 1707 (18 June 2025)

[7] The power under s.587 should be used with caution, particularly if the matter involves complex questions of fact or law (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [11]- [16] (Bond)). An application should not be dismissed under s.587 unless it is very clear that there are no reasonable prospects of success. As such the power under s.587 is not available if there are disputed facts that could affect the outcome of the proceedings.

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