Yum! Restaurants Australia Pty Ltd v Full Bench of Fair Work Australia [2011] FCA 1315

Yum! Restaurants Australia Pty Ltd v Full Bench of Fair Work Australia [2011] FCA 1315

The Full Bench properly considered all mandatory factors under Item 4(5) of Schedule 6, was not required to apply the modern enterprise awards objective at the decision stage, and did not commit jurisdictional error. The applications failed because no errors in the exercise of jurisdiction were established.

Source-derived case information.

Parties
Applicant: Yum! Restaurants Australia Pty Ltd; Applicant: Kentucky Fried Chicken Pty Ltd; First Respondent: Full Bench of Fair Work Australia; Second Respondent: Shop, Distributive and Allied Employees Association
Jurisdiction
Australia
Judgment Date
18 November 2011
Procedural Posture
Judicial Review / Final Judgment
Outcome
Applications dismissed
Legal Topics
Modern Enterprise Awards Objective, Jurisdictional Error, Interpretation of Fair Work Legislation
Industrial Law Employment Law Modern Enterprise Awards Objective Jurisdictional Error Interpretation of Fair Work Legislation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Yum! Restaurants Australia Pty Ltd

Applicant

Kentucky Fried Chicken Pty Ltd

Applicant

Full Bench of Fair Work Australia

First Respondent

Shop, Distributive and Allied Employees Association

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Full Bench of Fair Work Australia was required to apply the 'modern enterprise awards objective' under Schedule 6 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) when deciding to make a modern enterprise award
  2. 2 Whether the Full Bench applied the 'modern enterprise awards objective'
  3. 3 Whether the Full Bench took into account irrelevant considerations or failed to consider relevant considerations, resulting in jurisdictional error

Ratio Decidendi

The Full Bench properly considered all mandatory factors under Item 4(5) of Schedule 6, was not required to apply the modern enterprise awards objective at the decision stage, and did not commit jurisdictional error. The applications failed because no errors in the exercise of jurisdiction were established.

Court Disposition

Applications dismissed

Orders

  • The application by Yum! Restaurants Australia Pty Ltd be dismissed.
  • The application by Kentucky Fried Chicken Pty Ltd be dismissed.