Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wan v Australian Industrial Relations Commission [2001] FCA 1803
INDUSTRIAL - termination of employment - application to Australian Industrial Relations Commission for relief - application dismissed by Commissioner - application for leave to appeal refused by a Full Bench of the Commission - approach taken by Full Bench - considerations relevant to grant of leave to appeal ADMINISTRATIVE LAW - prerogative writs - application for writs of mandamus, certiorari and prohibition
Statutes Workplace Relations Act 1996 ss 45; 170CE; 170CFA; 170CG(3); 170JF(2); 170CL; 170MW, 415
Cases Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194 Applied Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission (1998) 89 FCR 200 Applied Construction, Forestry, Mining and Energy Union v Guidice (1998) 159 ALR 1 Referred to Miller v Australian Industrial Relations Commission [2001] FCA 486; (2001) 104 IR 415 Applied ALICE WAN v AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION AND AUSTRALIAN BROADCASTING CORPORATION Q 37 OF 2001 SPENDER, KIEFEL, DOWSETT JJ BRISBANE 17 DECEMBER 2001
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 37 OF 2001
BETWEEN: ALICE WAN
APPLICANT
AND: AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
FIRST RESPONDENT
AUSTRALIAN BROADCASTING CORPORATION
SECOND RESPONDENT
JUDGES: SPENDER, KIEFEL, DOWSETT JJ
DATE OF ORDER: 17 DECEMBER 2001
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The applicationis dismissed. 2. The applicant pay the second respondent's costs of the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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