Full Court Minute Books

Case M16/2023

Rehmat & Mehar Pty Ltd & Anor v. Hortle

Case No.

Case no M16/2023

Case Information


Constitutional law – Powers of Commonwealth Parliament – States – Inconsistency between Commonwealth and State laws – Where first plaintiff operated restaurant in Victoria – Where Victorian Parliament passed Fair Work (Commonwealth Powers) Act 2009 (Vic) ("Referral Act"), referring matters to Commonwealth Parliament for purposes of s 51(xxxvii) of Constitution – Where Commonwealth Parliament  passed Fair Work Act 2009 (Cth) – Where matters referred under Referral Act included administration of, inspection of, and enforcement of terms and conditions of employment for national system employers, covered under Fair Work Act – Where Restaurant Industry Award made under Fair Work Act and first plaintiff's employees subject to Award – Where Victorian Parliament passed Wage Theft Act 2020 (Vic) – Where defendant Commissioner of Wage Inspectorate Victoria, appointed under Wage Theft Act – Where defendant, following investigation, filed charges against first plaintiff alleging contravention of Wage Theft Act for non-payment of entitlements allegedly payable under Award – Whether Fair Work Act intended to be exhaustive statement of law applicable to national system employers – Whether there exists alteration, impairment, detraction and/or collision between Wage Theft Act and Fair Work Act – Whether Wage Theft Act invalid by operation of s 109 of Constitution to extent of inconsistency.


23/02/2023 Writ of Summons

24/02/2023 Notice of constitutional matter (Plaintiffs)

19/05/2023 Demurrer (Defendant)

22/05/2023 Order referring matter to the Full Court

07/07/2023 Written submissions (Plaintiffs)

07/07/2023 Chronology (Plaintiffs)

18/08/2023 Written submissions (Defendant and the Attorney-General for the State of Victoria (intervening))

01/09/2023 Written submissions (Attorney-General for the State of New South Wales, intervening)

01/09/2023 Written submissions (Attorney-General for the State of South Australia, intervening)

01/09/2023 Written submissions (Attorney-General for the Northern Territory, intervening)

01/09/2023 Written submissions (Attorney-General of the State of Queensland, intervening)

25/09/2023 Reply

01/12/2023 Hearing (Single Justice, Canberra by video-connection)

18/01/2024 Notice of Discontinuance