Teys Australia Beenleigh Pty Ltd v Australasian Meat Industry Employees Union [2015] FCAFC 11

FEDERAL COURT OF AUSTRALIA

Teys Australia Beenleigh Pty Ltd v Australasian Meat Industry Employees Union [2015] FCAFC 11 Citation: Teys Australia Beenleigh Pty Ltd v Australasian Meat Industry Employees Union [2015] FCAFC 11

Parties: TEYS AUSTRALIA BEENLEIGH PTY LTD v THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION and FAIR WORK COMMISSION THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION v TEYS AUSTRALIA BEENLEIGH PTY LTD and MINISTER FOR EMPLOYMENT

File numbers: QUD 224 of 2014 QUD 326 of 2014

Judges: BUCHANAN, LOGAN AND KATZMANN JJ

Date of judgment: 12 February 2015

Catchwords: INDUSTRIAL LAW – application for judicial review of a decision of the Full Bench of the Fair Work Commission ("FWC") – whether Full Bench committed jurisdictional errors in quashing a decision of a Deputy President of the FWC approving an enterprise agreement – whether the Deputy President applied "anteriorly derived notions of what would be fair or sensible" in approving the enterprise agreement – where 21 employees that voted for the enterprise agreement were alleged not to be covered by the agreement and had no entitlement to vote – whether the approval decision is quashed ab initio or prospectively –applicable industrial agreement where the enterprise agreement is approved by the Deputy President but subsequently prospectively quashed by the Full Bench – whether previously applicable enterprise agreement ceases to apply and can never apply again

Legislation: Constitution, s 73, s 75(v) Administrative Decisions (Judicial Review) Act 1977 (Cth), s 16(1)(a) Judiciary Act 1903 (Cth), ss 39B, 39B(1) Fair Work Act 2009 (Cth), ss 52, 53(1), 54, 54(1), 54(1)(a), 54(2), 54(3), 58, 58(2), 58(2)(d)(i), 58(2)(e), 181, 181(1), 182, 182(1), 186, 186(2)(a), 186(5), 256A, 417, 569, 569(1), 598, 601(1), 601(2), 604, 607(3), 607(3)(a), 607(3)(b), 607(3)(c), 607(3)(c)(i), 607(3)(c)(ii) Federal Court of Australia Act 1976 (Cth), s 20(2) Workplace Relations Act 1996 (Cth), s 120(7)(a) Industrial Relations Act 1988 (Cth), s 45(7)(a) Conciliation and Arbitration Act 1904 (Cth), s 35(9)(c) Federal Court Rules 2011 (Cth), r 31.11(1) High Court Rules 2004 (Cth), r 25.01, r 25.03 Meat Industry Award 2010 (Cth)