Australian Postal Corporation v Gorman [2011] FCA 975

Australian Postal Corporation v Gorman [2011] FCA 975

The Full Bench made jurisdictional errors. It misconstrued s 587(1) by treating the existence of a binding settlement agreement or accord and satisfaction as irrelevant to whether continued pursuit of an unfair dismissal application could be frivolous or vexatious or without reasonable prospects of success. It also failed to apply the jurisdictional requirements in s 400(1) and s 400(2) when granting permission to appeal and overturning the Senior Deputy President's factual finding that a binding settlement agreement existed. The Senior Deputy President's dismissal of the unfair dismissal application was a decision under, or in relation to a matter arising under, Chapter 3 Part 3-2, so s...

Jurisdiction
Australia
Judgment Date
25 August 2011
Procedural Posture
Application for Constitutional Writs Directed to Fair Work Australia Under S 39 B of the Judiciary Act 1903 (cth) / Judicial Review of Full Bench of Fair Work Australia Decision Granting Permission to Appeal, Upholding Appeal, and Quashing Dismissal of Unfair Dismissal Application
Outcome
Application granted in part. Certiorari and mandamus issued. The application for a declaration that the Senior Deputy President's decision was correct was refused.
Legal Topics
['constitutional Writs' 'jurisdictional Error' 'fair Work Australia Appeals' 'unfair Dismissal' 'dismissal of Frivolous or Vexatious Application' 'accord and Satisfaction' 'permission to Appeal' 'public Interest Test' 'significant Error of Fact']
['administrative Law' 'industrial Law'] ['constitutional Writs' 'jurisdictional Error' 'fair Work Australia Appeals' 'unfair Dismissal' 'dismissal of Frivolous or Vexatious Application' 'accord and Satisfaction' 'permission to Appeal' 'public Interest Test' 'significant Error of Fact']

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Procedural Posture

Application for Constitutional Writs Directed to Fair Work Australia Under S 39 B of the Judiciary Act 1903 (cth) / Judicial Review of Full Bench of Fair Work Australia Decision Granting Permission to Appeal, Upholding Appeal, and Quashing Dismissal of Unfair Dismissal Application

Legal Issues

  1. 1 ['Whether the Full Bench of Fair Work Australia made jurisdictional error in construing s 587 of the Fair Work Act 2009 (Cth) as not permitting a binding settlement agreement or accord and satisfaction to be raised at an interlocutory stage as a basis for dismissing an unfair dismissal application.' 'Whether the Full Bench was required to apply s 400 of the Fair Work Act 2009 (Cth), including the public interest requirement for permission to appeal and the limitation that factual appeals be based on significant error of fact.' 'Whether a decision dismissing an unfair dismissal application under s 587 is a decision under, or in relation to a matter arising under, Chapter 3 Part 3-2 of the Fair Work Act 2009 (Cth).' "Whether the Court should grant certiorari, mandamus, and a declaration that the Senior Deputy President's decision was correct."]

Ratio Decidendi

The Full Bench made jurisdictional errors. It misconstrued s 587(1) by treating the existence of a binding settlement agreement or accord and satisfaction as irrelevant to whether continued pursuit of an unfair dismissal application could be frivolous or vexatious or without reasonable prospects of success. It also failed to apply the jurisdictional requirements in s 400(1) and s 400(2) when granting permission to appeal and overturning the Senior Deputy President's factual finding that a binding settlement agreement existed. The Senior Deputy President's dismissal of the unfair dismissal application was a decision under, or in relation to a matter arising under, Chapter 3 Part 3-2, so s...

Court Disposition

Application granted in part. Certiorari and mandamus issued. The application for a declaration that the Senior Deputy President's decision was correct was refused.

Orders

  • ['A writ of certiorari issue quashing the decision made by Fair Work Australia on 16 December 2010.' "A writ of mandamus issue directing Fair Work Australia to hear and determine according to law the first respondent's application for permission to appeal, and, if appropriate, appeal."]