Reihana v Mastercare Highrise Cleaning Services Pty Ltd [2014] FCA 353

FEDERAL COURT OF AUSTRALIA

Reihana v Mastercare Highrise Cleaning Services Pty Ltd [2014] FCA 353 Citation: Reihana v Mastercare Highrise Cleaning Services Pty Ltd [2014] FCA 353

Parties: TONI COLIN REIHANA v MASTERCARE HIGHRISE CLEANING SERVICES PTY LTD and FAIR WORK AUSTRALIA

File number: QUD 570 of 2013

Judge: COLLIER J

Date of judgment: 8 April 2014

Catchwords: INDUSTRIAL LAW – review of decision of Full Bench of Fair Work Commission – s 39B Judiciary Act 1903 (Cth) – application to Fair Work Commission for extension of time to make unfair dismissal application dismissed – s 394(2)(b) Fair Work Act 2009 (Cth) – appeal to Full Bench of Fair Work Commission dismissed ADMINISTRATIVE LAW – whether jurisdictional error – denial of natural justice – refusal to allow elaboration of submissions at hearing – material not specifically referred to in decision – refusal to admit new evidence on appeal – determination of Fair Work Commission overly harsh – whether circumstances exceptional a question of fact – distinction between jurisdictional error and error of fact

Legislation: Fair Work Act 2009 (Cth) ss 394, 394(2)(b), s 394(3), 394(3)(a), 394(3)(c), 394(3)(e), 400, 577, 605, 607, 607(2)(a), 614 Judiciary Act 1903 (Cth) s 39B Queensland Industrial Relations Act 1974 (Qld) s 7

Cases cited: Akins v National Australia Bank (1994) 34 NSWLR 155 cited Linfox Australia Pty Ltd v Fair Work Commission [2013] FCAFC 157 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited Reihana v Mastercare Highrise Cleaning Services Pty Ltd [2013] FWCFB 4960 cited Tonia Shelley v McRoberts Agency [2009] QIRComm 22 considered WAEE v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 75 ALD 630; [2003] FCAFC 184 cited