Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Baker v Patrick Projects Pty Ltd [2014] FCAFC 165 Citation: Baker v Patrick Projects Pty Ltd [2014] FCAFC 165
Appeal from: Baker v Patrick Projects Pty Ltd [2014] FWCFB 2293
Parties: JESSE BAKER v PATRICK PROJECTS PTY LTD and FAIR WORK COMMISSION
File number: WAD 167 of 2014
Judges: DOWSETT, TRACEY & KATZMANN JJ
Date of judgment: 10 November 2014
Catchwords: INDUSTRIAL LAW – whether decision of Full Bench of Fair Work Commission to refuse permission to appeal is affected by jurisdictional error – whether existence of public interest in granting permission to appeal under s 400(1) of Fair Work Act 2009 (Cth) is a jurisdictional fact
Legislation: Federal Court of Australia Act 1976 (Cth) s 23 Judiciary Act 1903 (Cth) s 39B(1) Workers' Compensation and Injury Management Act 1981 (WA)
Cases cited: Associated Provincial Picture Houses Ltd v Wednesbury Corp [1948] 1 KB 223 Australian and International Pilots Association v Fair Work Australia (2012) 202 FCR 200 Australian Heritage Commission v Mount Isa Mines Limited (1995) 60 FCR 456 Australian Postal Corporation v D'Rozario (2014) 311 ALR 257; [2014] FCAFC 89 Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194 Coal v Allied Mining Services Proprietary Limited v Lawler (2011) 192 FCR 78 Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission (2007) 157 FCR 260 Director of Public Prosecutions for the Australian Capital Territory v The Honourable Acting Justice Brian Martin [2014] ACTSC 104 EnergyAustralia Yallourn Pty Ltd v Construction, Forestry, Mining and Energy Union [2014] FCAFC 8 GlaxoSmithKline Australia Pty Ltd v Makin [2010] FWAFB 5343 House v The King (1936) 55 CLR 499 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 O'Sullivan v Farrer (1989) 168 CLR 210 Plaintiff M70/2011 v Minister for Immigration and Citizenship (2011) 244 CLR 144
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