Teys Australia Beenleigh Pty Ltd v Australasian Meat Industry Employees' Union [2015] FCA 109

Teys Australia Beenleigh Pty Ltd v Australasian Meat Industry Employees' Union [2015] FCA 109

There is a sufficiently arguable case for jurisdictional error relating to the Full Bench order of 18 September 2014, and special or exceptional circumstances exist to justify suspending its operation pending the final hearing. There is no persuasive case for a stay of the order of 19 December 2014.

Jurisdiction
Australia
Judgment Date
20 February 2015
Procedural Posture
Interlocutory Application for Stay / Interlocutory Stage, Order Pending Final Hearing
Outcome
Interlocutory stay granted for order of 18 September 2014; no stay for order of 19 December 2014; no order as to costs.
Legal Topics
['enterprise Agreements' 'jurisdictional Error' 'interlocutory Relief' 'approval of Enterprise Agreements']
['employment Law' 'administrative Law'] ['enterprise Agreements' 'jurisdictional Error' 'interlocutory Relief' 'approval of Enterprise Agreements']

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Procedural Posture

Interlocutory Application for Stay / Interlocutory Stage, Order Pending Final Hearing

Legal Issues

  1. 1 ['Whether there is a sufficiently arguable case for jurisdictional error regarding the Full Bench decisions quashing approval of the enterprise agreement' 'Whether special or exceptional circumstances justify the grant of a stay of the operation of Full Bench orders']

Ratio Decidendi

There is a sufficiently arguable case for jurisdictional error relating to the Full Bench order of 18 September 2014, and special or exceptional circumstances exist to justify suspending its operation pending the final hearing. There is no persuasive case for a stay of the order of 19 December 2014.

Court Disposition

Interlocutory stay granted for order of 18 September 2014; no stay for order of 19 December 2014; no order as to costs.

Orders

  • ['The operation of the order made by the Full Bench of the Fair Work Commission on 18 September 2014 (PR555611) is stayed by suspending Order 2 until the final hearing and determination in this Court of the present application.' 'No order as to costs.']