Asmar v Fair Work Commission [2015] FCA 16

Asmar v Fair Work Commission [2015] FCA 16

Part 3-4 of the Fair Work Act 2009 (Cth) does not contain an exhaustive codification of circumstances in which revocation of an entry permit may occur; s 603 applies to decisions under s 512, allowing the Commission to revoke such permits on its own initiative. Both s 507 and s 603 confer powers to revoke, with overlapping but distinct modalities for triggering, and the specific provisions do not impliedly exclude the general power in s 603. Accordingly, the Fair Work Commission has jurisdiction to proceed with the inquiry into revocation of the permits.

Parties
First Applicant: Diana Asmar; Second Applicant: Kimberley Kitching; Respondent: Fair Work Commission; Intervener: Minister for Employment (Intervener)
Jurisdiction
Australia
Judgment Date
29 January 2015
Procedural Posture
Originating Application (federal Court) / Final Judgment on Jurisdictional Challenge
Outcome
Originating application dismissed
Legal Topics
Jurisdiction of Fair Work Commission, Revocation of Rights of Entry Permits, Statutory Interpretation, Application of General Vs Specific Statutory Powers, Acts Interpretation Act Application
Industrial Law Administrative Law Jurisdiction of Fair Work Commission Revocation of Rights of Entry Permits Statutory Interpretation Application of General Vs Specific Statutory Powers Acts Interpretation Act Application

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Parties

Diana Asmar

First Applicant

Kimberley Kitching

Second Applicant

Fair Work Commission

Respondent

Minister for Employment (Intervener)

Intervener

Procedural Posture

Originating Application (federal Court) / Final Judgment on Jurisdictional Challenge

Legal Issues

  1. 1 Whether Part 3-4 of the Fair Work Act 2009 (Cth) provides an exhaustive code for revocation of entry permits
  2. 2 Whether the general power in s 603 of the Fair Work Act 2009 (Cth) applies to revocation of entry permits issued under s 512
  3. 3 Whether the Fair Work Commission has jurisdiction to proceed with the inquiry regarding possible revocation of permits

Ratio Decidendi

Part 3-4 of the Fair Work Act 2009 (Cth) does not contain an exhaustive codification of circumstances in which revocation of an entry permit may occur; s 603 applies to decisions under s 512, allowing the Commission to revoke such permits on its own initiative. Both s 507 and s 603 confer powers to revoke, with overlapping but distinct modalities for triggering, and the specific provisions do not impliedly exclude the general power in s 603. Accordingly, the Fair Work Commission has jurisdiction to proceed with the inquiry into revocation of the permits.

Court Disposition

Originating application dismissed

Orders

  • The applicants' originating application is dismissed.