Fair Work Commission

Matters: PR709289; Appeal dismissed in [2020] FWCFB 3849

Summary

Clancy DP

The Commission dismissed the application for an unfair dismissal remedy.

Hatcher VP; Young DP; Harper-Greenwell C

The Full Bench refused the request for an extension of time and dismissed the application for permission to appeal on that basis.

Court summary

n/a

Status

Application for judicial review ACD42/2020 filed 17 August 2020.

Matters: [2020] FWC 1015; Appeal upheld in [2020] FWCFB 3439

Summary

Riordan C

The Commission found no valid reason for dismissal and ordered reinstatement as an appropriate remedy.

Millhouse DP; Young DP; Cirkovic C

The Full Bench upheld the appeal and on redetermination dismissed the application for an unfair dismissal remedy.

Court summary

n/a

Status

Application NSD1012/2020 filed 10 September 2020.

Matter: [2016] FWCA 7585

Summary

Watson VP

The Commission approved the enterprise agreement International Container Terminal Operations Agreement 2016 as all the requirements under ss.186, 187 and 188 were met. The Australian Maritime Officers’ Union and The Maritime Union of Australia gave notice under s.183 of the Act that they wanted the Agreement to cover them; the Commission noted Agreement covers the organisations in accordance with s.201(2).

Court summary

Application VID511/2018: filed 24 April 2018 seeking relief under s.39B Judiciary Act 1903.

Rangiah J dismissed proceeding for abuse of process.

Appeal VID711/2019:

FCA Full Court of Bromberg, Kerr and Wheelahan JJ allowed the appeal and set aside the order of dismissal for abuse of process.

Status

Case M96/2020 was heard by the High Court of Australia on 9 February, 2021. 

Matter: [2019] FWC 4892 quashed by [2019] FWCFB 7658

Summary

Booth DP

Application to deal with contraventions involving dismissal. The application was made out of time and the Commission did not find that there were exceptional circumstances to enliven the Commission’s jurisdiction to grant an extension of time.

Hatcher VP; Clancy DP; Masson DP

On appeal, the Full Bench quashed the first instance decisions and ordered the application to be remitted to Lake DP.

Court summary

The Court quashed the decision of the Full Bench and ordered the Commission to hear and determine Mr Milford's application for permission to appeal. The Court refused Coles' application for declaratory relief.

Status

The Applicant has filed for special leave to appeal the Federal Court judgment in the High Court of Australia.

Matter: [2019] FWC 7404; [2020] FWCFB 407

Summary

Dean VP

The application for an unfair dismissal remedy was out of time; the Commission in the first instance found no exceptional circumstances justified the delay.

Sams DP; Bull DP; McKenna C

Permission to appeal refused.

Court summary

Abraham J

The applicant's interlocutory application in NSD212/2020 was dismissed on 16 October 2020.

Status

A hearing is scheduled for 19 March, 2021. 

Matter: [2019] FWC 4235

Summary

Johns C

The Commission held that the Commission had jurisdiction to determine the dispute under an agreement the employer inherited after winning a tender.

Court summary

Application WAD389/2019:

McKerracher J dismissed appeal with no order for costs on 25 March 2020.

Status

Appeal WAD93/2020 filed 21 April 2020.