Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Maritime, Mining and Energy Union v Anglo American Australia Limited [2019] FCAFC 109 Review of: 4 Yearly Review of Modern Awards – Accident Pay – Transitional Provisions [2018] FWCFB 5996
File number: NSD 2337 of 2018
Judges: FLICK, KERR AND O'CALLAGHAN JJ
Date of judgment: 27 June 2019
Catchwords: INDUSTRIAL LAW – application for review of decision of Full Bench of Fair Work Commission – review made as part of 4 yearly review under s 156 of the Fair Work Act 2009 (Cth) – where review concerned reducing period of accident pay in Black Coal Mining Industry Award 2010 – whether review under s 156 requires single, holistic review ADMINISTRATIVE LAW – whether inadequacy of reasons amounted to jurisdictional error – reasons of the Full Bench of Fair Work Commission adequate – whether Full Bench was functus officio in making its decision – whether Full Bench gave proper, genuine and realistic consideration to issues – whether jurisdictional error for making of finding with no evidence – application dismissed
Legislation: Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Item 6 Fair Work Act 2009 (Cth) ss 132, 134, 156, 157, 581, 582590, 601, Pts 2-3, 5-1 Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Act 2018 (Cth) Workplace Relations Act 1996 (Cth) Black Coal Mining Industry Award 2010 cl 18
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