Glen Cameron Nominees Pty Ltd v Transport Workers' Union of Australia (No 2) [2017] FCA 1515

Glen Cameron Nominees Pty Ltd v Transport Workers' Union of Australia (No 2) [2017] FCA 1515

The Full Bench's decision on 8 June 2017 refusing permission to appeal was invalid as it purported to exercise a jurisdiction it did not have. Since the first decision was invalid, there is no point in addressing the subsequent revocation decision. No basis for apprehended bias was established, and no order for reconstitution of the Full Bench is either required or desirable.

Jurisdiction
Australia
Judgment Date
14 December 2017
Procedural Posture
Judicial Review / Declaration / Final Judgment
Outcome
Declaration made that the 8 June 2017 decision is invalid; application otherwise dismissed; applicant to pay the first respondent's costs.
Legal Topics
['enterprise Agreements' 'meal Break Entitlements' 'jurisdictional Error' 'power to Revoke or Vary Decisions' 'bias and Recusal' 'administrative Tribunal Procedures']
['industrial Law' 'administrative Law'] ['enterprise Agreements' 'meal Break Entitlements' 'jurisdictional Error' 'power to Revoke or Vary Decisions' 'bias and Recusal' 'administrative Tribunal Procedures']

Case Brief

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Procedural Posture

Judicial Review / Declaration / Final Judgment

Legal Issues

  1. 1 ['Whether the original Full Bench decision refusing permission to appeal was invalid' 'Whether the subsequent revocation decision of the Full Bench was effective or valid under s 603 of the Fair Work Act 2009 (Cth)' 'Whether the Court should remit the matter to a differently constituted Full Bench due to apprehension of bias or desirability']

Ratio Decidendi

The Full Bench's decision on 8 June 2017 refusing permission to appeal was invalid as it purported to exercise a jurisdiction it did not have. Since the first decision was invalid, there is no point in addressing the subsequent revocation decision. No basis for apprehended bias was established, and no order for reconstitution of the Full Bench is either required or desirable.

Court Disposition

Declaration made that the 8 June 2017 decision is invalid; application otherwise dismissed; applicant to pay the first respondent's costs.

Orders

  • ['The decision made by the Fair Work Commission on 8 June 2017 in proceeding C2017/1406 refusing permission to appeal is invalid.' 'The application be otherwise dismissed.' "The applicant pay the first respondent's costs as taxed or agreed."]