John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2) [2014] FCA 372

John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2) [2014] FCA 372

Because the Full Bench had not determined the fifth ground of appeal and the appeal would remain undecided without further relief, the appropriate order was mandamus in traditional terms requiring the Fair Work Commission to hear and determine the appeal according to law, rather than an order directing dismissal of the first four grounds and determination only of the fifth ground.

Jurisdiction
Australia
Judgment Date
10 April 2014
Procedural Posture
Application for Relief in the Nature of Mandamus Following Certiorari in the Fair Work Division / Determined on the Papers After Submissions on Whether Mandamus Should Be Ordered
Outcome
Relief in the nature of mandamus granted.
Legal Topics
['fair Work Commission Appeal' 'mandamus' 'certiorari' 'enterprise Agreement Approval' 'fairly Chosen Employees' 'better Off Overall Test']
['fair Work' 'administrative Law'] ['fair Work Commission Appeal' 'mandamus' 'certiorari' 'enterprise Agreement Approval' 'fairly Chosen Employees' 'better Off Overall Test']

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Procedural Posture

Application for Relief in the Nature of Mandamus Following Certiorari in the Fair Work Division / Determined on the Papers After Submissions on Whether Mandamus Should Be Ordered

Legal Issues

  1. 1 ['Whether relief in the nature of mandamus should be ordered directed to the Full Bench of the Fair Work Commission.' 'What form the mandamus order should take where the Full Bench had not determined one ground of appeal.']

Ratio Decidendi

Because the Full Bench had not determined the fifth ground of appeal and the appeal would remain undecided without further relief, the appropriate order was mandamus in traditional terms requiring the Fair Work Commission to hear and determine the appeal according to law, rather than an order directing dismissal of the first four grounds and determination only of the fifth ground.

Court Disposition

Relief in the nature of mandamus granted.

Orders

  • ['The Fair Work Commission hear and determine the appeal by the first respondent in C No 4132 of 2012 according to law.']