Technical and Further Education Commission v Pykett (No 1) [2014] FCA 727

FEDERAL COURT OF AUSTRALIA

Technical and Further Education Commission v Pykett (No 1) [2014] FCA 727 Citation: Technical and Further Education Commission v Pykett (No 1) [2014] FCA 727

Appeal from: Pykett v Technical and Further Education Commission T/A TAFE NSW [2014] FWC 3177

Parties: TECHNICAL AND FURTHER EDUCATION COMMISSION v LYNDA PYKETT and FAIR WORK COMMISSION

File numbers: NSD 654 of 2014

Judge: PERRAM J

Date of judgment: 4 July 2014

Catchwords: PRACTICE AND PROCEDURE – application for stay of orders of Fair Work Commission – inherent jurisdiction of the Court – whether there were exceptional circumstances that justified a stay being granted PRACTICE AND PROCEDURE – application for stay of orders of Fair Work Commission – where applicant submitted that orders breached Melbourne Corporation doctrine – circumspection required before granting interim relief on the basis of the constitutional invalidity of a statute

Legislation: Fair Work Act 2009 (Cth) ss 385, 389 and 675 Federal Court of Australia Act 1976 (Cth) s 23 Judiciary Act 1903 (Cth) s 39B

Cases cited: Anthony Smith & Associates Pty Ltd v Sinclair (1996) 67 IR 240 cited Blackadder v Ramsey Butchering Services Pty Ltd (2005) 221 CLR 539 cited Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 applied EnergyAustralia Yallourn Pty Ltd v CFMEU [2013] FCA 360 cited Re Australian Education Union; ex parte Victoria (1995) 184 CLR 188 considered Re Australian Industrial Relations Commission and CFMEU; ex parte Hail Creek Coal Pty Ltd [2003] FCAFC 322 cited Technical and Further Education Commission T/A TAFE NSW v Pykett [2014] FWCFB 714 cited