Ali v Chandler Macleod Group Ltd [2016] FCA 479

FEDERAL COURT OF AUSTRALIA

Ali v Chandler Macleod Group Ltd [2016] FCA 479 File number: WAD 79 of 2016

Judge: BARKER J

Date of judgment: 6 May 2016

Catchwords: ADMINISTRATIVE LAW – application for judicial review – where Fair Work Commission Full Bench refused extension of time to appeal – whether jurisdictional error – application dismissed

Legislation: Fair Work Act 2009 (Cth) s 394, s 394(2), s 604 Fair Work Commission Rules 2013 (Cth) R 56(2)

Cases cited: Jobs Australia v Eland [2014] FWCFB 4822

Date of hearing: 6 May 2016

Registry: Western Australia

Division: General Division

National Practice Area: Employment & Industrial Relations

Category: Catchwords

Number of paragraphs: 17

Counsel for the Applicant: The Applicant appeared in person

Counsel for the First Respondent: Mr M Blatchford

Solicitor for the First Respondent: Momentum Legal

ORDERS WAD 79 of 2016

BETWEEN: SAJID ALI Applicant

AND: CHANDLER MACLEOD GROUP LTD First Respondent

FAIR WORK COMMISSION Second Respondent

JUDGE: BARKER J DATE OF ORDER: 6 MAY 2016

THE COURT ORDERS THAT:

1. The name of the first respondent be amended to "Chandler Macleod Group Ltd". 2. The application for judicial review filed 17 February 2016 be dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

BARKER J: 1 The applicant, Mr Sajid Ali, applies for judicial review of a decision of the Fair Work Commission (FWC) Full Bench dated 1 February 2016 (Full Bench's decision), which dismissed Mr Ali's application for an extension of time to appeal against the decision of Commissioner Cloghan (Commissioner's decision) refusing an extension of time to lodge an unfair dismissal remedy application under s 394 of the Fair Work Act 2009 (Cth) (FW Act).