Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Yum! Restaurants Australia Pty Ltd v Full Bench of Fair Work Australia [2012] FCAFC 114 Citation: Yum! Restaurants Australia Pty Ltd v Full Bench of Fair Work Australia [2012] FCAFC 114
Appeal from: Yum! Restaurants Australia Pty Ltd v Full Bench of Fair Work Australia [2011] FCA 1315
Parties: YUM! RESTAURANTS AUSTRALIA PTY LTD v FULL BENCH OF FAIR WORK AUSTRALIA and SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES ASSOCIATION KENTUCKY FRIED CHICKEN PTY LTD v FULL BENCH OF FAIR WORK AUSTRALIA and SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES ASSOCIATION
File number(s): NSD 2250 of 2011 NSD 2251 of 2011
Judges: LANDER, FLICK AND JAGOT JJ
Date of judgment: 21 August 2012
Catchwords: INDUSTRIAL LAW – transitional instruments – modern enterprise award – making of modern enterprise award – modern enterprise award objective – whether modern enterprise award objective to be applied when considering whether or not to make modern enterprise award – application of Fair Work (Transitional Provisions and Consequential Amendments Act) 2009 Schedule 6, Part 2, Division 2 ADMINISTRATIVE LAW – judicial review of reasons provided by the Full Bench of Fair Work Australia
Legislation: Fair Work Act 2009 (Cth) ss 134, 284, 570 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Sch 2 Item 4, Sch 6 Pt 2 Federal Court of Australia Act 1976 (Cth) s 43
Cases cited: Construction, Forestry, Mining and Energy Union v CSBP Ltd (No 2) [2012] FCAFC 64, applied Endeavour Coal Pty Limited v Association of Professional Engineers, Scientists and Managers, Australia [2012] FCA 764, cited KFC National Enterprise Award 2001; Re [2011] FWAFB 1078, 205 IR 128, affirmed Inn Leisure Industries Pty Ltd (Provisional liquidator appointed) v D F McCloy Pty Ltd (No 2) (1991) 28 FCR 172, cited Nikolaou v Papasavas, Phillips & Co (No 2) (1989) 166 CLR 394, cited Pizza Hut – SDA Employee Relations Award 2000; Re [2011] FWAFB 1077, 205 IR 117, affirmed Yum! Restaurants Australia Pty Ltd v Full Bench of Fair Work Australia [2011] FCA 1315, 199 FCR 75, varied
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