United Voice v Restaurant and Catering Association of Victoria [2014] FCAFC 121

United Voice v Restaurant and Catering Association of Victoria [2014] FCAFC 121

United Voice was afforded an opportunity to raise issues of procedural unfairness relating to s 134(1)(da) when the Full Bench published its reasons, and before the determination to vary the Award was made. United Voice failed to avail itself of this opportunity, and therefore was not denied procedural fairness or practical injustice.

Jurisdiction
Australia
Judgment Date
25 August 2014
Procedural Posture
Originating Application for Constitutional Writs (certiorari and Mandamus) / Final Judgment at Full Court, Federal Court of Australia
Outcome
Application dismissed
Legal Topics
['procedural Fairness' 'modern Awards' 'penalty Rates' 'fair Work Act Amendments' 'award Variation']
['industrial Law'] ['procedural Fairness' 'modern Awards' 'penalty Rates' 'fair Work Act Amendments' 'award Variation']

Case Brief

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Procedural Posture

Originating Application for Constitutional Writs (certiorari and Mandamus) / Final Judgment at Full Court, Federal Court of Australia

Legal Issues

  1. 1 ['Whether United Voice was denied procedural fairness by the Full Bench of the Fair Work Commission in relation to s 134(1)(da) of the Fair Work Act 2009 (Cth) when varying the Restaurant Industry Award 2010']

Ratio Decidendi

United Voice was afforded an opportunity to raise issues of procedural unfairness relating to s 134(1)(da) when the Full Bench published its reasons, and before the determination to vary the Award was made. United Voice failed to avail itself of this opportunity, and therefore was not denied procedural fairness or practical injustice.

Court Disposition

Application dismissed

Orders

  • ['The originating application for relief under s 39B(1A) of the Judiciary Act 1903 (Cth) is dismissed.' 'No order as to costs.']