Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australasian Meat Industry Employees' Union v Fair Work Australia (No 2) [2012] FCAFC 103 Citation: Australasian Meat Industry Employees' Union v Fair Work Australia (No 2) [2012] FCAFC 103
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: 26 July 2012
Catchwords: COSTS – industrial law – whether Fair Work Act 2009 (Cth) s 570 applies to applications for judicial review of a decision of Fair Work Australia – whether court exercising jurisdiction under Fair Work Act – judicial review of Fair Work Australia a matter arising under Fair Work Act – s 570 applies
Legislation: Constitution ss 75, 76 Conciliation and Arbitration Act 1904 (Cth) Federal Court of Australia Act 1976 (Cth) ss 19, 20(1A), 24, 43 Fair Work Act 2009 (Cth) ss 484, 492, 505, 562, 563, 569, 569A, 570 Industrial Relations Act 1988 (Cth) s 347 Judiciary Act 1903 (Cth) ss 39B, 44 Workplace Relations Amendment (Work Choices) Act 2005 (Cth) Workplace Relations Act 1996 (Cth) s 824
Cases cited: Agtrack (NT) Pty Ltd v Hatfield [2005] HCA 38, 223 CLR 251 Australasian Meat Industry Employees' Union v Fair Work Australia [2012] FCAFC 85 Construction, Forestry, Mining and Energy Union v CSBP Ltd (No 2) [2012] FCAFC 64 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett (1945) 70 CLR 141 Re McJannet (1997) 189 CLR 654 Re Polites (1991) 173 CLR 78
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