Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
United Voice v MSS Security Pty Ltd [2016] FCAFC 124 File number: QUD 1153 of 2015
Judges: RARES, COLLIER AND RANGIAH JJ
Date of judgment: 23 August 2016
Catchwords: INDUSTRIAL LAW – Fair Work Act 2009 (Cth) – appeal under s 607 from decision of Commissioner to Full Bench of Fair Work Commission – where ground of appeal claimed that enterprise agreement failed to satisfy better off overall test under s 186(2)(d) – where parties in Federal Court agreed Full Bench made jurisdictional error by failing to consider ground of appeal as to satisfaction of better off overall test under s 193(1) and that a writ of certiorari issue to quash – where applicant argued that Federal Court should construe enterprise agreement to determine if capable of satisfying better off overall test on application for constitutional writ relief – whether Federal Court should exercise jurisdiction to construe agreement – whether writ of mandamus should issue to Full Bench to hear and determine appeal in accordance with s 607
Legislation: Judiciary Act 1903 (Cth) s 39B Fair Work Act 2009 (Cth) ss 186, 187, 189, 193 562, 563, 607
Cases cited: Coal and Allied Operations Pty Limited v Australian Industrial Relations Commission (2006) 203 CLR 194 Telstra Corporation Ltd v Minister for Broadband, Communications and the Digital Economy (2008) 166 FCR 64
Date of hearing: 23 August 2016
Registry: New South Wales
Division: General Division
National Practice Area: Employment & Industrial Relations
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