Federal Court of Australia
Federal Court of Australia
Coles Supply Chain Pty Ltd v Milford [2020] FCAFC 152 Review of: Application for Judicial Review: Cameron Milford v Coles Supply Chain Pty Ltd [2019] FWCFB 7658
File number: QUD 793 of 2019
Judgment of: RARES, COLLIER AND CHARLESWORTH JJ
Date of judgment: 11 September 2020
Catchwords: INDUSTRIAL LAW – application for judicial review of decision of the Fair Work Commission constituted by a Full Bench – Full Bench allowing an appeal from a decision refusing an extension of time to commence an application under s 365 of the Fair Work Act 2009 (Cth) – Full Bench concluding that the Fair Work Commission had no power to determine whether an applicant under s 365 of the Act had been dismissed in fact – Full Bench concluding that the date of dismissal must be assumed to be the date dismissal was alleged to have occurred by the applicant – whether Full Bench misconstrued provisions of the Fair Work Act defining the jurisdiction of the Fair Work Commission in relation to a general protections application involving dismissal
Legislation: Acts Interpretation Act 1901 (Cth) s 15AA Fair Work Act 2009 (Cth) ss 12, 40A, 340, 342, 365, 366, 368, 369, 370, 371, 374, 386, 390, 394, 396, 399, 405, 539, 562, 585, 587, 590, 592, 593, 604, 609, 613, 725 Federal Court of Australia Act 1976 (Cth) ss 20, 21 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 477
Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27 Australian Securities and Investments Commission v DB Management Pty Ltd (2000) 199 CLR 321 Ayub v NSW Trains [2016] FWCFB 5500 Belan v National Union of Workers (NSW Branch) (2018) 267 FCR 6 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Cameron Milford v Coles Supply Chain Pty Ltd [2019] FWCFB 2277 Cameron Milford v Coles Supply Chain Pty Ltd [2019] FWCFB 7658 Cameron Milford v Coles Supply Chain Pty Ltd T/A Coles Heathwood Distribution Centre [2019] FWC 844 Cameron Milford v Coles Supply Chain Pty Ltd T/A Coles Heathwood Distribution Centre [2019] FWC 4892 Chang v Laidley Shire Council (2007) 234 CLR 1 Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (1981) 147 CLR 297 Craig v South Australia (1995) 184 CLR 163 Forbes v Petbarn Pty Ltd [2018] FCA 256 Hewitt v Topero Nominees Pty Ltd [2013] FWCFB 6321; 238 IR 42 Jackamarra v Krakouer (1998) 195 CLR 516 Jess v Scott (1986) 12 FCR 187 Mihajlovic v Lifeline Macarthur [2013] FWC 9804 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 R v Kirby; Ex parte Boilermakers' Society of Australia (1956) 94 CLR 254 Re Bolton; Ex parte Beane (1987) 162 CLR 514
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