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Introduction

Parties who do not agree with the outcome of an appeal heard by the Fair Work Commission may apply to the Federal Court of Australia for a judicial review.

On this page you can read summaries of outstanding matters in the High Court of Australia and the Federal Court of Australia that relate to decisions of the Fair Work Commission.

Outstanding court reviews

Lee v Fair Work Commission

Matters: [2018] FWC 4762 Appeal upheld in [2020] FWCFB 1301

Summary

Hunt C

The Commission in the first instance did not find that the dismissal was unfair and dismissed the application.

Sams DP; Gostencnik DP; McKinnon C

The Full Bench allowed the appeal and remitted the matter for remedy.

Simpson C

The Commission found the dismissal to be unfair and that reinstatement was inappropriate, and ordered the maximum possible compensation.

Hatcher VP; Millhouse DP; Hampton C

Appellant appealed seeking a remedy of reinstatement. The Full Bench upheld the appeal.

Court summary

Application QUD385/2019 was dismissed on 6 February 2020.

Collier J dismissed the appeals QUD65/2020 and QUD66/2020 on 21 August 2020.

Status

Application for an extension of time and leave to appeal filed 12 May 2021.

Toma v Workforce Recruitment and Labour Services Pty Ltd

Matter: [2019] FWC 1564; permission to appeal refused in [2019] FWCFB 4240

Summary

Dean DP

Application for an unfair dismissal remedy dismissed for want of jurisdiction as resignation was determined to not be forced.

Catanzariti VP; Dean DP; Hunt C

No public interest was identified so permission to appeal refused.

Court Summary

Wigney J

Application NSD1072/2019 dismissed on 3 August 2020.

Status

Appeal NSD1041/2020 filed 19 January 2021.

Amor Safety Pty Ltd v The Australian Workers Union & Anor

Matter: [2019] FWCA 6468

Summary

Circovic C

The Commission approved the Armor Safety Pty Ltd & The Australian Workers' Union Agreement 2019.

Court summary

n/a

Status

Matter VID791/2020 was lodged in the Federal Court on 14 December 2020.

George Ittyerah v Coles Supermarkets (Australia) Pty Ltd (Abn 45 004 189 708) & Anor

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.

The Court found no jurisdictional error and dismissed the applications on 23 April 2021.

Status

Mr Ittyerah filed a Notice of Appeal on 20 May 2021.

One Tree Community Services v United Voice and Anor

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

McKerracher J dismissed application WAD389/2019 with no order for costs on 25 March 2020.

Appeal WAD93/2020 was dismissed 2-1 by the Full Court on 24 February, 2021.

Status

One Tree filed a special leave to appeal application with the High Court on 24 Macrh 2021.

EFEX Group Pty Ltd v Gerrad Bennett & Anor

Matter: [2020] FWC 2503 and [2020] FWCFB 6112.

Summary

Hampton C

The Commission found that the applicant was engaged as an employee and dismissed the jurisdictional objection.

Catanzariti VP; Anderson DP; McKenna C

The Full Bench refused permission to appeal.

Court summary

n/a

Status

Matter SAD176/2020 filed 10 December 2020.

Qantas Airways Limited ACN 009 661 901 & Anor v Australian Licensed Aircraft Engineers Association & Anor

Matter: N/A

Court summary

Katzmann J

Applicants won an injunction to stop the Commission from arbitrating a dispute concerning stand downs on 19 May 2020. The Court ordered that the proceedings be expedited.

Flick J

The Court found the the Commission has the power to deal with the dispute as it pertains to whether there was useful work available for the Licensed Aircraft Maintenance Engineers, and that the Commission does not have the power to deal with any dispute outside of the scope of this question.

Flick J (6 October 2020)

The Court found that the Applicants could not reasonably be held responsible for the work stoppages or prevented them. Declaratory relief was so granted. The Commission was left to resolve outstanding questions regarding alternative useful employment for the stood-down employees, and if the lack of useful employment was 'because of' the work stoppage.

Status

The ALAEA have lodged appeal NSD1211/2020. Qantas Airways and Jetstar Airways Ltd have also lodged a cross appeal.

The Federal Court reserved judgment in the matter on 18 May 2021.

Richard Simon Lunt v Victoria International Container Terminal Limited

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:

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 dismissed by the High Court; the substantive proceedings in are ongoing.

CFMMEU & Ors v Mechanical Maintenance Solutions Pty Ltd & Ors

Matter: [2019] FWCA 8471; [2020] FWCFB 1918

Summary

McKinnon C

MMS Latrobe Valley Enterprise Agreement 2018 approved after the successful completion of undertakings, which altered the description of the role of an employee signatory on the signature page of the Agreement.

Hatcher VP; Booth DP; Colman DP

Permission to appeal refused.

Court summary

The CFMMEU lodged an application for judicial review of the decision in the FCA on 24 June 2020, seeking relief in orders of certiorari and mandamus.

Status

The matter VID427/2020 will be heard by the Full Court of the Federal Court on 23 February, 2021.

Maersk Crewing Australia Pty Ltd v CFMMEU

Matter: [2019] FWC 1745 [2019] FWCFB 7163

Summary

Binet DP

The dispute concerned staffing levels on a new type of vessel operated by Maersk to service offshore oil and gas platforms; the Commission determined in favour of the CFMMEU.

Hatcher VP, Colman DP, McKenna C

Permission to appeal was refused by the majority Bench.

Court summary

Colvin J

The Court dismissed the interlocutory application on 6 May 2020.

Colvin J

The Court dismissed the application on 25 November 2020.

Status

An appeal has been lodged against the decision of Colvin J.

Australian Rail, Tram and Bus Industry Union v Busways Northern Beaches Pty Ltd & Ors

Matters reviewed: [2020] FWCA 4823 and [2021] FWCFB 591.

Summary

Harper-Greenwell C

The Commission approved the Busways, Transport Worker's Union of Australia and Drivers Enterprise Agreement 2020.

Hacther VP; Gostencnik DP and Mansini DP

The Full Bench granted permission to appeal and dismissed the appeal.

Court Summary

n/a

Status

Proceeding NSD172/2021 filed 5 March 2021.

Completed court reviews

Go to summary information about completed matters in the High Court of Australia and the Federal Court of Australia that relate to decisions of the Fair Work Commission.

Updated time

Last updated

04 June 2021

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