Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2016] FCAFC 169

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2016] FCAFC 169 Application for Review of: Construction, Forestry, Mining and Energy Union-Construction and General Division, Queensland Northern Territory Divisional Branch [2015] FWC 2158; Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union-Construction and General Division, Queensland Northern Territory Divisional Branch [2015] FWCFB 6035

File number: QUD 1157 of 2015

Judges: BARKER, RANGIAH AND WIGNEY JJ

Date of judgment: 12 December 2016

Catchwords: INDUSTRIAL LAW – application for right of entry permits under Pt 3-4 of the Fair Work Act 2009 (Cth) – where Fair Work Commission (FWC) granted entry permit – where Full Bench of the FWC refused permission to appeal – application for judicial review – whether each decision amenable to writs of certiorari – whether each decision affected by jurisdictional error – whether FWC at first instance failed to take into account relevant considerations under s 513(1)(g) of the Fair Work Act 2009 (Cth) – whether Full Bench erred in referring to s 400 of the Fair Work Act 2009 (Cth)

Legislation: Building and Construction Industry (Consequential and Transitional Provisions) Act 2016 (Cth) Fair Work Act 2009 (Cth) ss 500, 400(1), 499, 505, 512, 513, 513(1), 513(1)(a), 513(1)(b), 513(1)(c), 513(1)(d), 513(1)(e), 513(1)(f), 513(1)(g), 604, 604(1), 604(2), 607, 613(1) Fair Work (Building Industry) Act 2012 (Cth) s 72 Judiciary Act 1903 (Cth) s 39B Workplace Relations Act 1996 (Cth) ss 298P(3), 298P(3)(a), 298P(3)(b)