Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Yum! Restaurants Australia Pty Ltd v Full Bench of Fair Work Australia (No 2) [2012] FCA 419 Citation: Yum! Restaurants Australia Pty Ltd v Full Bench of Fair Work Australia (No 2) [2012] FCA 419
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: 26 April 2012
Catchwords: INDUSTRIAL LAW – Application for prerogative writs requiring members of Full Bench of Fair Work Australia to perform statutory duties – application dismissed – application for costs by successful respondent – whether relief was to be characterised as a matter arising under Fair Work Act 2009 or under Judiciary Act 1903 – proceedings seeking enforcement of duty under Fair Work Act 2009 – operation of s 570 of Fair Work Act 2009 prevents order for costs – application for costs dismissed
Legislation: Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 r 1.39 Industrial Relations Act 1988 (Cth) s 347(1) Judiciary Act 1903 (Cth) s 39B(1A) Workplace Relations Act 1996 (Cth) ss 170CP, 824(1)
Cases cited: Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission (2007) 157 FCR 260 Gallo v Dawson (1990) 93 ALR 479 Goldman Sachs JB Were Services Pty Ltd v Nikolich (2007) 163 FCR 62 Hawkins v Kingsway Group Ltd [2009] FCA 1073 Mavra v Logan (1980) 24 SASR 567 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett (1945) 70 CLR 141 Re McJannet & Ors; Ex parte The Australian Workers' Union of Employees, Queensland & Ors (No 2) (1997) 189 CLR 654 Re Polites & Anor; Ex parte The Hoyts Corporation Pty Ltd (1991) 173 CLR 78 Samuels v Linzi Dresses Ltd [1981] 1 QB 115 Schafer v Blyth [1920] 3 KB 140 Shanahan v Australian Industrial Relations Commission (No 3) (2007) 162 IR 116 Tristar Steering and Suspension Australia Ltd & Anor v Industrial Relations Commission of New South Wales & Anor (No 2) (2007) 159 FCR 274 Vallani v Holcim (Australia) Pty Ltd [2011] FCAFC 155 Yum! Restaurants Australia Pty Ltd v Full Bench of Fair Work Australia [2011] FCA 1315
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