Federal Court of Australia
Federal Court of Australia
Twomey v Que 5 Pty Ltd [2024] FCAFC 30 Appeal from: Twomey v Que 5 Pty Ltd [2023] FCA 1155
File number: WAD 257 of 2023
Judgment of: SARAH C DERRINGTON, GOODMAN AND RAPER JJ
Date of judgment: 8 March 2024
Catchwords: ADMINISTRATIVE LAW – appeal from judgment of the Federal Court of Australia dismissing an application for judicial review of decision of the Full Bench of the Fair Work Commission – whether the decision was affected by jurisdictional error because it failed to find that the Commission erroneously found that the appellant had not completed the minimum employment period under s 383(b) of the Fair Work Act 2009 (Cth) – appeal dismissed
Legislation: Fair Work Act 2009 (Cth) Pt 3-2, ss 23, 23(1), 23(2)(b), 382(a), 383(a), 383(b), 384, 384(2)(a), 400(1), 570, 570(2)(a), 604(1), 618, 619 Federal Court Rules 2011 (Cth) r 12.01
Cases cited: Baker v Patrick Projects Pty Ltd (No 2) [2014] FCAFC 166; 145 ALD 548 Chandler v Bed Bath n' Table Pty Ltd [2020] FWCFB 306 Dahdah v Platinum Distributors Australia Pty Ltd (Costs) [2023] FCAFC 102 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 338 Kennedy v D Petrie & DC Petrie [2021] FWC 5411 Melbourne Stadiums Ltd v Sautner [2015] FCAFC 20; 229 FCR 221 Twomey v Que 5 Pty Ltd (No 2) [2023] FCA 1481
Division: Fair Work Division
Registry: Western Australia
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