Hot Wok Food Makers Pty Ltd v United Workers Union [2022] FCA 1417

Hot Wok Food Makers Pty Ltd v United Workers Union [2022] FCA 1417

There is no serious question to be tried as to a reasonable apprehension of bias, nor is there sufficient likelihood of success on the asserted jurisdictional error. The powers conferred by s 590 of the Fair Work Act 2009 (Cth) prima facie permit the Commission's conduct. The balance of convenience strongly favours allowing the appeal to proceed in the Commission. Accordingly, the application for an interlocutory injunction is refused.

Jurisdiction
Australia
Judgment Date
15 November 2022
Procedural Posture
Application for Interlocutory Injunction / Interlocutory; Judgment on Application for Injunction
Outcome
Application for interlocutory injunction dismissed; leave to amend originating application granted; costs reserved.
Legal Topics
['interlocutory Injunctions' 'apprehended Bias' 'judicial Review' 'powers of Fair Work Commission' 'enterprise Agreement Appeals']
['practice and Procedure' 'industrial Law' 'employment Law'] ['interlocutory Injunctions' 'apprehended Bias' 'judicial Review' 'powers of Fair Work Commission' 'enterprise Agreement Appeals']

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory; Judgment on Application for Injunction

Legal Issues

  1. 1 ['Whether an interlocutory injunction should restrain proceedings in the Fair Work Commission' 'Whether the Full Bench of the Fair Work Commission misconceived its appellate jurisdiction' 'Whether there is a reasonable apprehension of bias by the Full Bench of the Fair Work Commission']

Ratio Decidendi

There is no serious question to be tried as to a reasonable apprehension of bias, nor is there sufficient likelihood of success on the asserted jurisdictional error. The powers conferred by s 590 of the Fair Work Act 2009 (Cth) prima facie permit the Commission's conduct. The balance of convenience strongly favours allowing the appeal to proceed in the Commission. Accordingly, the application for an interlocutory injunction is refused.

Court Disposition

Application for interlocutory injunction dismissed; leave to amend originating application granted; costs reserved.

Orders

  • ['The application for an interlocutory injunction be dismissed.' 'Leave be granted for the amendment of the originating application in terms of the proposed amended originating application in exhibit CM-4 filed on 9 November 2022.' 'Costs be reserved.' 'The respondent Union file and serve an outline of submissions...