Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union [2022] FCAFC 138

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union [2022] FCAFC 138

Because the parties' agreement that specific grounds of appeal should be allowed reflected errors which were at least arguable, the Court accepted the agreement, allowed the appeal on those grounds, set aside the primary judge's orders, and remitted the matter for rehearing; it was unnecessary to adjudicate the remaining grounds.

Jurisdiction
Australia
Judgment Date
15 August 2022
Procedural Posture
Appeal / Consent Orders; Appeal Allowed in Part and Proceeding Remitted for Rehearing
Outcome
Appeal allowed in part; otherwise dismissed without adjudication of the merits; primary orders set aside; matter remitted for rehearing; no order as to costs of the appeal.
Legal Topics
['consent Orders' 'appellate Jurisdiction' 'penalties Under the Fair Work Act 2009 (cth)' 'remittal for Rehearing']
['employment and Industrial Relations' 'appeal and New Trial'] ['consent Orders' 'appellate Jurisdiction' 'penalties Under the Fair Work Act 2009 (cth)' 'remittal for Rehearing']

Case Brief

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Procedural Posture

Appeal / Consent Orders; Appeal Allowed in Part and Proceeding Remitted for Rehearing

Legal Issues

  1. 1 ['Whether the appeal should be allowed in part by consent where the parties agreed that particular grounds reflected errors by the primary judge.' 'Whether the Court should adjudicate remaining grounds, including grounds concerning Australian Building and Construction Commissioner v Pattinson (2022) 96 ALJR 426; [2022] HCA 13, in light of the conceded errors.']

Ratio Decidendi

Because the parties' agreement that specific grounds of appeal should be allowed reflected errors which were at least arguable, the Court accepted the agreement, allowed the appeal on those grounds, set aside the primary judge's orders, and remitted the matter for rehearing; it was unnecessary to adjudicate the remaining grounds.

Court Disposition

Appeal allowed in part; otherwise dismissed without adjudication of the merits; primary orders set aside; matter remitted for rehearing; no order as to costs of the appeal.

Orders

  • ['The appeal be allowed on Grounds 8(a) and (b), 21(a) and (b) and 25 of the Amended Notice of Appeal dated 8 June 2022.' 'The appeal be otherwise dismissed without adjudication of the merits of the remaining grounds of appeal.' 'The orders made by the primary Judge in VID625 of 2020, dated 16 November 2021, be set...