Elvin v Fair Work Ombudsman [2026] FCAFC 92 (21 July 2026) (Collier, McDonald and Vandongen JJ)

Catchwords: INDUSTRIAL LAW – appeal – cross appeal – contraventions of provisions of Fair Work Act 2009 (Cth) – underpayment of employees employed as massage therapists – accessorial liability – procedural fairness – where appellant self-represented at trial – application of rules in Jones v Dunkel and Browne v Dunn – where appellant alleges evidentiary rules were not explained – where primary judge made adverse findings against appellant due in part to failure to call co-respondent as witness – apprehended bias – actual bias – where appellant alleges case management, rulings on evidence and conduct of hearing demonstrate bias – whether massage therapists properly classified as Health Professional Level 1 under Health Professionals and Support Services Award 2010 – illogicality – whether Fair Work Ombudsman a creditor for purposes of deed of company arrangement – appeal allowed in part – cross-appeal dismissed