Construction, Forestry, Maritime, Mining and Energy Union v Anglo American Australia Limited [2019] FCAFC 109

Construction, Forestry, Maritime, Mining and Energy Union v Anglo American Australia Limited [2019] FCAFC 109

The Full Bench of the Fair Work Commission did not exceed its jurisdiction in varying accident pay provisions as its earlier decisions concerning clause 18 only addressed the sunset provision and not the quantum of accident pay. Section 156 of the Fair Work Act 2009 permitted reviews of particular terms in stages and allowed multiple determinations. The Commission was not required to provide detailed reasons and no jurisdictional error was exposed by purported inadequacy. The Originating Application was dismissed.

Jurisdiction
Australia
Judgment Date
27 June 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
['modern Awards' 'accident Pay' 'judicial Review' 'jurisdictional Error' 'award Variation' 'fair Work Commission Powers']
['employment & Industrial Relations'] ['modern Awards' 'accident Pay' 'judicial Review' 'jurisdictional Error' 'award Variation' 'fair Work Commission Powers']

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether the Full Bench of the Fair Work Commission was functus officio in making its decision to vary accident pay provisions' 'Whether the review under s 156 of the Fair Work Act 2009 required a single holistic review or could be done in stages' 'Whether inadequacy of reasons amounted to jurisdictional error' 'Whether the Full Bench gave proper, genuine and realistic consideration to issues' 'Whether jurisdictional error occurred by making findings with no evidence']

Ratio Decidendi

The Full Bench of the Fair Work Commission did not exceed its jurisdiction in varying accident pay provisions as its earlier decisions concerning clause 18 only addressed the sunset provision and not the quantum of accident pay. Section 156 of the Fair Work Act 2009 permitted reviews of particular terms in stages and allowed multiple determinations. The Commission was not required to provide detailed reasons and no jurisdictional error was exposed by purported inadequacy. The Originating Application was dismissed.

Court Disposition

Application dismissed

Orders

  • ['The Originating Application filed on 14 December 2018 is dismissed.']