Elvin v Fair Work Ombudsman
Citation: [2026] FCAFC 92
At a glance
- Awards cited
- MA000135
What happened
the Applicant appealed decisions made against him regarding Foot & Thai Massage Pty Ltd (FTM), a massage business he directed. The Fair Work Ombudsman (FWO) initially found FTM and the Respondent had contravened the Fair Work Act, including underpaying employees classified as Health Professional Level 1. A later decision imposed penalties. the Applicant represented himself at trial and argued issues with evidentiary rules and potential bias from the primary judge.
What was decided
The Full Federal Court allowed the Applicant’s appeal in part, setting aside a declaration regarding his involvement in specific contraventions. The court found the primary judge erred in some findings of liability. However, the FWO's cross-appeal concerning employee classification was dismissed, meaning the Health Professional Level 1 classification remained valid. The Court considered arguments about evidentiary rules and potential bias raised by the Applicant.
What it means for employers
Employers should ensure they accurately classify employees according to award or enterprise agreement requirements. Proper record keeping and adherence to Fair Work legislation are crucial to avoid underpayment claims and accessorial liability for directors.
What it means for employees
Employees should be aware of their correct classification and entitlements under applicable awards or agreements. If there's a dispute about classification, seek advice from the Fair Work Ombudsman or a legal professional.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2026/2026fcafc0092Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →