Cook v Australian Postal Corporation [2017] FCA 509

FEDERAL COURT OF AUSTRALIA

Cook v Australian Postal Corporation [2017] FCA 509 Review of : Quentin Cook v Australian Postal Corporation t/as Australia Post [2016] FWCFB 7203 Quentin Cook v Australian Postal Corporation t/as Australia Post [2016] FWC 5692

File number: NSD 1978 of 2016

Judge: KATZMANN J

Date of judgment: 15 May 2017

Catchwords: PRACTICE AND PROCEDURE — application for summary dismissal of application for judicial review made under s 39B of the Judiciary Act 1903 (Cth) — whether applicant has no reasonable prospect of establishing either jurisdictional error or error of law on the face of the record INDUSTRIAL LAW — application for review of orders made by Fair Work Commission in unfair dismissal proceedings — where reasons for dismissal found to be valid under s 387(a) of Fair Work Act 2009 (Cth) — where applicant submits termination was unlawful under s 772 of the Act — where Full Bench refused to grant permission to appeal because not satisfied appeal in the public interest ADMINISTRATIVE LAW — jurisdictional error — error of law on the face of the record

Legislation: Fair Work Act 2009 (Cth), ss 385, 387, 390, 392, 394, 400, 570, 604(1), 613(1), 725, 729, 730, 772(1), 773, 777 Federal Court of Australia Act 1976 (Cth), ss 31A Judiciary Act 1903 (Cth), s 39B Federal Court Rules 2011 (Cth), rr 1.40, 26.01(c) Explanatory Memorandum to the Migration Litigation Reform Bill 2005 (Cth)