Teekay Shipping (Australia) Pty Ltd v Auld [2020] FCAFC 19

Teekay Shipping (Australia) Pty Ltd v Auld [2020] FCAFC 19

The Fair Work Commission had issued reasons but no formal decision answering the question originally posed, or any further question informally identified, and thereby failed to act as required; a constitutional writ of mandamus should issue requiring the Commission to answer by decision the question or questions posed to it by the Commission's President under the Fair Work Act 2009 (Cth).

Jurisdiction
Australia
Judgment Date
11 February 2020
Procedural Posture
Application for Constitutional Writs and Related Relief / Final Judgment and Orders
Outcome
Constitutional writ of mandamus issued; no order as to costs.
Legal Topics
['fair Work Commission' 'constitutional Writ of Mandamus' 'referral of Question to Full Bench' 'failure to Issue a Decision' 'enterprise Agreement Consultation Term']
['employment and Industrial Relations'] ['fair Work Commission' 'constitutional Writ of Mandamus' 'referral of Question to Full Bench' 'failure to Issue a Decision' 'enterprise Agreement Consultation Term']

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Procedural Posture

Application for Constitutional Writs and Related Relief / Final Judgment and Orders

Legal Issues

  1. 1 ["Whether the Fair Work Commission had failed to answer by decision the question or questions posed to it by the Commission's President under the Fair Work Act 2009 (Cth)." 'Whether a constitutional writ of mandamus should issue requiring the Fair Work Commission to answer the referred question or questions by decision.']

Ratio Decidendi

The Fair Work Commission had issued reasons but no formal decision answering the question originally posed, or any further question informally identified, and thereby failed to act as required; a constitutional writ of mandamus should issue requiring the Commission to answer by decision the question or questions posed to it by the Commission's President under the Fair Work Act 2009 (Cth).

Court Disposition

Constitutional writ of mandamus issued; no order as to costs.

Orders

  • ["A constitutional writ of mandamus be issued to the twenty second respondent, the Fair Work Commission, requiring the Commission to answer, by decision, such question or questions which were posed to it for answering by the Commission's President under the Fair Work Act 2009 (Cth)." 'No order as to costs.']