Hot Wok Food Makers Pty Ltd v United Workers Union (No 3) [2024] FCAFC 51

Hot Wok Food Makers Pty Ltd v United Workers Union (No 3) [2024] FCAFC 51

None of the matters raised by the applicant, individually or in combination, could cause a fair-minded lay observer to reasonably apprehend that the Full Bench might not bring an impartial mind to the proceedings. The Full Bench's investigations and conduct were consistent with its statutory functions, powers, and responsibilities, and were not incompatible with impartial decision-making. No apprehended bias was established so as to vitiate the Full Bench decisions or orders.

Parties
Applicant: Hot Wok Food Makers Pty Ltd; First Respondent: United Workers Union; Second Respondent: Fair Work Commission
Jurisdiction
Australia
Judgment Date
22 April 2024
Procedural Posture
Judicial Review / Final Judgment of Full Court on Application for Judicial Review
Outcome
Application dismissed.
Legal Topics
Apprehended Bias, Judicial Review, Enterprise Agreements, Procedural Fairness, Fair Work Commission, Appeals and Extensions of Time
Industrial Law Employment Law Apprehended Bias Judicial Review Enterprise Agreements Procedural Fairness Fair Work Commission Appeals and Extensions of Time

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Parties

Hot Wok Food Makers Pty Ltd

Applicant

United Workers Union

First Respondent

Fair Work Commission

Second Respondent

Procedural Posture

Judicial Review / Final Judgment of Full Court on Application for Judicial Review

Legal Issues

  1. 1 Whether the decisions and procedural orders of the Full Bench of the Fair Work Commission were affected by apprehended bias against the applicant.
  2. 2 Whether a fair-minded lay observer might reasonably apprehend that the Full Bench might not decide the appeal impartially due to identifying and investigating a theory adverse to the applicant.
  3. 3 Whether the conduct of the Full Bench was incompatible with impartial adjudication.

Ratio Decidendi

None of the matters raised by the applicant, individually or in combination, could cause a fair-minded lay observer to reasonably apprehend that the Full Bench might not bring an impartial mind to the proceedings. The Full Bench's investigations and conduct were consistent with its statutory functions, powers, and responsibilities, and were not incompatible with impartial decision-making. No apprehended bias was established so as to vitiate the Full Bench decisions or orders.

Court Disposition

Application dismissed.

Orders

  • The applicant's Originating Application is dismissed.
  • There be no order as to costs.