Fair Work Act 2009

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Nagendra Niure v Vitalandkids Pty Ltd [2026] FWC 121 | Case summary | Zoe

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Home/Cases/[2026] FWC 121

CTHFWC

Nagendra Niure v Vitalandkids Pty Ltd [2026] FWC 121

[2026] FWC 121

Fair Work Commission|2026-01-14

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At a glance

Source facts

Court

Fair Work Commission

Decision date

2026-01-14

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 Nagendra Niure on 16 September 2025 is dismissed.

Fair Work Act 2009

[2]

Printed by authority of the Commonwealth Government Printer

Parties

Applicant/Plaintiff:

Nagendra Niure

Respondent/Defendant:

Vitalandkids Pty Ltd [2026] FWC 121

Legislation Cited (1)

Work Act 2009

Cases Cited (2)

Nagendra Niure v Vitalandkids Pty Ltd [2026] FWC 121 (14 January 2026)

[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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