Soliman v University of Technology, Sydney [2012] FCAFC 146

FEDERAL COURT OF AUSTRALIA

Soliman v University of Technology, Sydney [2012] FCAFC 146 Citation: Soliman v University of Technology, Sydney [2012] FCAFC 146

Parties: FAWZY SOLIMAN v UNIVERSITY OF TECHNOLOGY, SYDNEY and FAIR WORK AUSTRALIA

File number: NSD 1376 of 2011

Judges: MARSHALL, NORTH AND FLICK JJ

Date of judgment: 24 October 2012

Catchwords: ADMINISTRATIVE LAW – no evidence ground – review of merits review application – evidence submitted by anonymous person – value of evidence matter for tribunal conducting merits review INDUSTRIAL LAW – construction of enterprise agreement – meaning of "misconduct" – significance of context – whether administrative decision-maker entitled to have regard to own knowledge and experience in giving meaning to term INDUSTRIAL LAW – Fair Work Australia – reasons – whether Fair Work Australia under implied duty to give reasons – approach to be taken to reasons given by Fair Work Australia ADMINISTRATIVE LAW – administrative decision-makers – reasons – whether failure to give reasons amounts to jurisdictional error – whether failure to consider or resolve submissions advanced amounts to jurisdictional error

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 13 Commonwealth of Australia Constitution s 75(v) Judiciary Act 1903 (Cth) ss 39B, 44 Migration Act 1958 (Cth) s 430 Workplace Relations Act 1996 (Cth) s 709 University of Technology, Sydney Academic Staff Agreement 2006