Belan v National Union of Workers - New South Wales Branch [2018] FCAFC 239

Belan v National Union of Workers - New South Wales Branch [2018] FCAFC 239

The Fair Work Commission is not a court of the Commonwealth and s 6DD of the Royal Commissions Act 1902 (Cth) did not preclude it from receiving the transcript of Mr Belan's Royal Commission evidence. The Union's use of the transcript did not contravene s 6M because Mr Belan failed to show that the Union victimised, or intended to victimise, him for or on account of his Royal Commission evidence; any disadvantage resulted from his serious misconduct and admissions of it. Accordingly, no jurisdictional error was shown in the decisions of the Deputy President or the Full Bench of the Fair Work Commission.

Jurisdiction
Australia
Judgment Date
21 December 2018
Procedural Posture
Application for Constitutional Writ Relief Under S 39 B(1 A)(c) of the Judiciary Act 1903 (cth) in Respect of Fair Work Commission Decisions / Full Court Original Jurisdiction; Application Dismissed
Outcome
Application dismissed.
Legal Topics
['unfair Dismissal' 'judicial Review of Fair Work Commission Decisions' 'royal Commissions Act 1902 (cth) S 6 Dd' 'royal Commissions Act 1902 (cth) S 6 M' 'admissibility of Evidence From a Royal Commission' 'jurisdictional Error']
['employment and Industrial Relations' 'statutory Interpretation' 'administrative Law'] ['unfair Dismissal' 'judicial Review of Fair Work Commission Decisions' 'royal Commissions Act 1902 (cth) S 6 Dd' 'royal Commissions Act 1902 (cth) S 6 M' 'admissibility of Evidence From a Royal Commission' 'jurisdictional Error']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Constitutional Writ Relief Under S 39 B(1 A)(c) of the Judiciary Act 1903 (cth) in Respect of Fair Work Commission Decisions / Full Court Original Jurisdiction; Application Dismissed

Legal Issues

  1. 1 ['Whether the Fair Work Commission is a "court of the Commonwealth" within the meaning of s 6DD of the Royal Commissions Act 1902 (Cth), so that statements made by Mr Belan in evidence before a Royal Commission were inadmissible before it.' 'Whether the Union\'s use of the transcript of Mr Belan\'s Royal Commission evidence in the unfair dismissal proceedings caused disadvantage to him "for or on account of" evidence given before a Royal Commission, contrary to s 6M(b) of the Royal Commissions Act 1902 (Cth).']

Ratio Decidendi

The Fair Work Commission is not a court of the Commonwealth and s 6DD of the Royal Commissions Act 1902 (Cth) did not preclude it from receiving the transcript of Mr Belan's Royal Commission evidence. The Union's use of the transcript did not contravene s 6M because Mr Belan failed to show that the Union victimised, or intended to victimise, him for or on account of his Royal Commission evidence; any disadvantage resulted from his serious misconduct and admissions of it. Accordingly, no jurisdictional error was shown in the decisions of the Deputy President or the Full Bench of the Fair Work Commission.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.']