Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Trustee for The MTGI Trust v Johnston [2016] FCAFC 140 Review of: The Trustee for The MTGI Trust v Johnston [2015] FWCFB 1288 The Trustee for The MTGI Trust v Johnston [2015] FWCFB 6168
File number: NSD 1696 of 2015
Judges: SIOPIS, COLLIER AND KATZMANN JJ
Date of judgment: 18 October 2016
Catchwords: INDUSTRIAL LAW — application for relief under s 39B of the Judiciary Act 1903 (Cth) against Full Bench of Fair Work Commission arising from two decisions refusing permission to appeal — whether decisions affected by jurisdictional error — where employee brought action in Commission for remedy for unfair dismissal — where employer alleged that employment not terminated at its initiative and that employee had abandoned his employment — where employee successful at first instance and in a separate decision following a separate hearing recovered costs against employer
Legislation: Fair Work Act 2009 (Cth) ss 45, 97, 107, 385, 387, 390, 391, 392, 394, 400, 400A, 401, 403, 562, 587, 604, 611, 613 Fair Work Regulations 2009 (Cth) Sch 3.1 Federal Court of Australia Act 1976 (Cth) s 23 Judiciary Act 1903 (Cth) s 39B
Cases cited: Abram v Bank of New Zealand [1996] ATPR ¶42-340 Coal and Allied Mining Services Pty Ltd v Lawler (2011) 192 FCR 78 Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Abigroup Contractors Pty Ltd [2013] FCAFC 148 DP World Brisbane v Maritime Union of Australia [2013] FWCFB 8556; 237 IR 180 GlaxoSmithKline Australia Pty Ltd v Colin Makin [2010] FWAFB 5343 Gregory v Qantas Airways Ltd [2016] FCAFC 7 Hamod v New South Wales [2011] NSWCA 375 Htun v Minister for Immigration and Multicultural Affairs (2001) 233 FCR 136 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531 Malouf v Malouf [2006] NSWCA 83 Minogue v Human Rights and Equal Opportunity Commission (1999) 84 FCR 438 MZAIB v Minister for Immigration and Border Protection (2015) 238 FCR 158 Rajski v Scitec Corporation Pty Ltd (unreported, New South Wales Court of Appeal, 16 June 1986) Re Refugee Review Tribunal; ex parte Aala (2000) 204 CLR 82 Toms v Harbour City Ferries Pty Ltd (2015) 229 FCR 537 Wan v Australian Industrial Relations Commission (2001) 116 FCR 481 Waters v Commonwealth (Australian Taxation Office) [2015] FCAFC 46; 108 ACSR 445
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