Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australasian Meat Industry Employees' Union v Fair Work Australia [2012] FCAFC 85 Citation: Australasian Meat Industry Employees' Union v Fair Work Australia [2012] FCAFC 85
Parties: AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION v FAIR WORK AUSTRALIA and SOMMERVILLE RETAIL SERVICES PTY LTD
File number: VID 694 of 2011
Judges: JESSUP, TRACEY AND FLICK JJ
Date of judgment: 8 June 2012
Catchwords: INDUSTRIAL LAW – right of entry – whether room allocated to permit holder a reasonable request of occupier PRACTICE AND PROCEDURE – application for certiorari and mandamus – not appellate review – jurisdictional error PRACTICE AND PROCEDURE – matter remitted to Federal Court – power of Federal Court to grant amendment to grounds of application
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Fair Work Act 2009 (Cth) ss 480, 481, 482, 483, 484, 490, 491, 492, 499, 505, 506, 512, 575, 578, 604 Federal Court of Australia Act 1976 (Cth) s 20 Judiciary Act 1903 (Cth) ss 39B, 44 Workplace Relations and Other Legislation Amendment Act 1996 (Cth) Federal Court Rules O13 r 2, O13 r 3 Federal Court Rules 2011 r 8.21 Conciliation and Arbitration Act 1904 (Cth) s 42A
Cases cited: Cam v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 14, cited Craig v State of South Australia (1995) 184 CLR 163, considered Darlaston v Parker [2010] FCA 771, 189 FCR 1, cited Dinnison v Commonwealth of Australia (1997) 74 FCR 184, applied Entick v Carrington (1765) 19 St Trials 1029, considered Gardner v Wallace (1995) 184 CLR 95, cited Lane v Arrowcrest Group Pty Limited (1990) 27 FCR 427, cited Meneling Station Pty Ltd v Australasian Meat Industry Employees' Union (1987) 18 FCR 51, considered Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24, considered Minister for Immigration and Multicultural Affairs, Re; Ex parte Cohen [2001] HCA 10, 177 ALR 473, cited Minister for Immigration and Multicultural and Indigenous Affairs v VOAO [2005] FCAFC 50, cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323, considered Minister for Immigration and Citizenship v SZOCT [2010] FCAFC 159, 119 ALD 90, cited Plaintiff M70/2011 v Minister for Immigration and Citizenship [2011] HCA 32, 122 ALD 237, cited Plenty v Dillon (1991) 171 CLR 635, cited Robinson v Shirley (1982) 149 CLR 132, cited Sagar v O'Sullivan [2011] FCA 182, 193 FCR 311, considered Scott v Bowden [2002] HCA 60, 194 ALR 593, cited Sean Investments Pty Ltd v Mackellar (1981) 38 ALR 363 Semayne's case (1604) 5 Co Rep 91a, 77 ER 194, cited SFGB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 231, 77 ALD 402, cited Somerville Retail Services Pty Ltd v Australasian Meat Industry Employees' Union [2011] FWAFB 120, 203 IR 258, approved Southam v Smout [1964] 1 QB 308, cited State Bank of New South Wales v Commonwealth Savings Bank of Australia (1984) 154 CLR 579, cited SZMWQ v Minister for Immigration and Citizenship [2010] FCAFC 97, 187 FCR 109, cited
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