Deva v University of Western Sydney [2011] FCA 199

FEDERAL COURT OF AUSTRALIA

Deva v University of Western Sydney [2011] FCA 199 Citation: Deva v University of Western Sydney [2011] FCA 199

Appeal from: Deva v University of Western Sydney [2010] FWAFB 7362 Deva v University of Western Sydney [2010] FWAFB 8438

Parties: PRADEEP DEVA v UNIVERSITY OF WESTERN SYDNEY

File number: NSD 1567 of 2010

Judge: PERRAM J

Date of judgment: 9 March 2011

Corrigendum: 11 March 2011

Catchwords: INDUSTRIAL LAW – Workplace Relations – Termination of employment – appeal from Fair Work Australia Full Bench – first instance decision of Australian Industrial Relations Commission – effect of Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) and Workplace Relations Regulations 2006 (Cth) regulation 7.4.13 – appeal out of time - whether appeal from Fair Work Australia Full Bench could be brought in Federal Court of Australia - application for unlawful termination - whether application for unlawful termination properly brought in Federal Court of Australia PRACTICE AND PROCEDURE – Appeal – appeal from Fair Work Australia Full Bench – first instance decision of Australian Industrial Relations Commission – appeal out of time –Workplace Relations Act 1996 (Cth) – effect of transitional provisions – Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) - Workplace Relations Regulations 2006 (Cth) regulation 7.4.13 – whether writs of mandamus and certiorari available PRACTICE AND PROCEDURE – Appeal – appeal from Fair Work Australia Full Bench – first instance decision of Australian Industrial Relations Commission – jurisdiction – no appeal from Fair Work Australia Full Bench to Federal Court of Australia