Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Commercial Catering Pty Ltd v Fair Work Commission [2015] FCAFC 189 Citation: Australian Commercial Catering Pty Ltd v Fair Work Commission [2015] FCAFC 189
Parties: AUSTRALIAN COMMERCIAL CATERING PTY LTD v FAIR WORK COMMISSION, MARCELIA POWELL and MARIA TOGIA
File number: VID 230 of 2015
Judges: TRACEY, BARKER & KATZMANN JJ
Date of judgment: 22 December 2015
Catchwords: INDUSTRIAL LAW — Fair Work Act 2009 (Cth) — National Employment Standards — redundancy pay — application by employer to Fair Work Commission for redundancy pay of two employees to be reduced (to nil) — "other acceptable employment for the employee" in s 120(1)(b)(i) of the FW Act — whether Full Bench failed to apply correct test — whether lateness of offer of alternative employment irrelevant — whether jurisdictional error in refusing permission to appeal in one case ADMINISTRATIVE LAW — whether finding by Full Bench of Fair Work Commission that certain alternate employment was not "acceptable" for the purposes of s 120(1(b)(i) of the FW Act was a jurisdictional fact
Legislation: Fair Work Act 2009 (Cth) ss 61(1), 119, 120(1)(b)(i), 604, 607(3), 613
Cases cited: Australian Commercial Catering Pty Ltd v Marcelia Powell and Maria Togia [2015] FWCFB 87 Australian Commercial Catering v Powell [2014] FWC 2432 Australian Commercial Catering v Togia [2014] FWC 2431 Clothing & Allied Trades Union of Australia v Hot Tuna Pty Ltd (1988) 27 IR 226 Clothing Trades Award 1982(1) (1990) 140 IR 123 Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194 FBIS International Protective Services (Aust) Pty Ltd v Maritime Union of Australia (2015) 232 FCR 1 House v The King (1936) 55 CLR 499 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Plaintiff M70/2011 v Minister for Immigration and Citizenship (2011) 244 CLR 144 Termination, Change and Redundancy Case (1984) 8 IR 34 Teys Australia Beenleigh Pty Ltd v Australasian Meat Industry Employees' Union (2015) 230 FCR 565 Timbarra Protection Coalition Inc v Ross Mining NL (1999) 46 NSWLR 55 Trives v Hornsby Shire Council [2015] NSWCA 158 Woolworths Ltd v Pallas Newco Pty Ltd (2004) 61 NSWLR 707 Aronson M, "The Resurgence of Jurisdictional Facts", (2001) 12 Public Law Review 17
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