Construction, Forestry, Mining and Energy Union v Bechtel Construction (Australia) Pty Ltd [2013] FCA 1466
The matter was appropriate for remitter because there was no reason to assume the factual issues were beyond proper resolution in the Federal Circuit Court, the legal question was not particularly complex despite possible novelty, and any dissatisfied applicant could appeal to the Federal Court.
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 16 August 2013
- Procedural Posture
- Fair Work Division Matter / Remitter Decision
- Outcome
- Matter remitted to the Federal Circuit Court of Australia.
- Legal Topics
- ['remitter to Federal Circuit Court of Australia' 'court Hierarchy' 'complexity of Factual and Legal Issues']
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Fair Work Division Matter / Remitter Decision
Legal Issues
- 1 ['Whether the matter was appropriate for remitter to the Federal Circuit Court of Australia.' 'Whether the factual and legal issues were sufficiently complex or significant to require the matter to remain in the Federal Court of Australia.']
Ratio Decidendi
The matter was appropriate for remitter because there was no reason to assume the factual issues were beyond proper resolution in the Federal Circuit Court, the legal question was not particularly complex despite possible novelty, and any dissatisfied applicant could appeal to the Federal Court.
Court Disposition
Matter remitted to the Federal Circuit Court of Australia.
Orders
- ['the matter be remitted to the Federal Circuit Court of Australia.']
Full Case Text
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