Warrell v Fair Work Australia (No 2) [2013] FCA 402

Warrell v Fair Work Australia (No 2) [2013] FCA 402

Fair Work Australia as a statutory authority is the proper respondent rather than its individual members because the power was vested in the authority. The error in identifying the respondent does not defeat the proceeding. Orders should be made to substitute the correct respondent and to quash the invalid decision.

Jurisdiction
Australia
Judgment Date
03 May 2013
Procedural Posture
Judicial Review Application / Post Judgment Orders to Give Effect to Reasons
Outcome
Orders made to substitute Fair Work Australia as Respondent, quash the decision, declare it a nullity, and remit the unfair dismissal application for rehearing by a different member.
Legal Topics
['identification of Decision Maker' 'substitution of Parties' 'prerogative Relief' 'remittal for Rehearing']
['administrative Law' 'employment Law' 'practice and Procedure'] ['identification of Decision Maker' 'substitution of Parties' 'prerogative Relief' 'remittal for Rehearing']

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Procedural Posture

Judicial Review Application / Post Judgment Orders to Give Effect to Reasons

Legal Issues

  1. 1 ['Whether the correct respondent was joined to the proceedings' 'Effect of error in identifying respondent under statutory authority' 'Whether the decision of Fair Work Australia in matter C2011/5891 was a valid exercise of power']

Ratio Decidendi

Fair Work Australia as a statutory authority is the proper respondent rather than its individual members because the power was vested in the authority. The error in identifying the respondent does not defeat the proceeding. Orders should be made to substitute the correct respondent and to quash the invalid decision.

Court Disposition

Orders made to substitute Fair Work Australia as Respondent, quash the decision, declare it a nullity, and remit the unfair dismissal application for rehearing by a different member.

Orders

  • ["The name of the First Respondent be amended to 'Fair Work Australia'." 'An order in the nature of certiorari be granted quashing the orders and decision of the First Respondent made on 5 June 2012 in matter C2011/5891.' 'A declaration be made that the Decision was not a valid exercise of the powers of the First...