Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Yum! Restaurants Australia Pty Ltd v Full Bench of Fair Work Australia [2011] FCA 1315 Citation: Yum! Restaurants Australia Pty Ltd v Full Bench of Fair Work Australia [2011] FCA 1315
Parties: YUM! RESTAURANTS AUSTRALIA PTY LTD v FULL BENCH OF FAIR WORK AUSTRALIA and SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES ASSOCIATION KENTUCKY FRIED CHICKEN PTY LTD v FULL BENCH OF FAIR WORK AUSTRALIA and SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES ASSOCIATION
File numbers: NSD 430 of 2011 NSD 428 of 2011
Judge: COWDROY J
Date of judgment: 18 November 2011
Catchwords: INDUSTRIAL LAW – whether Full Bench of Fair Work Australia was required to apply the 'modern enterprise awards objective' pursuant to of Schedule 6 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) when determining whether or not to make a new modern enterprise award – whether the Full Bench applied the 'modern enterprise awards objective' – whether Full Bench took into account irrelevant considerations in exercising its discretion which resulted in jurisdictional error – whether Full Bench failed to consider relevant considerations when exercising its discretion which resulted in jurisdictional error
Legislation: Fair Work Act 2009 (Cth) ss 134, 168A, 168B, 284 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Schedule 6 Items 2, 3, 4, 5, 6
Cases cited: Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts [2011] FCAFC 59 Coal and Allied Operations Pty Limited v Australian Industrial Relations and Others (2000) 203 CLR 194 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Craig v The State of South Australia (1995) 184 CLR 163 Fox v Australian Industrial Relations Commission and Another (2007) 161 FCR 263 Kentucky Fried Chicken Pty Ltd v Shop, Distributive and Allied Employees Association [2011] FWAFB 1078 Minister for Immigration and Citizenship v Khadgi & Anor (2010) 274 ALR 438 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 Yum Restaurants Australia Pty Ltd v Shop, Distributive and Allied Employees Association [2011] FWAFB 1077
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate