MGH Employment and Training Pty Ltd v Knott [2022] FCA 567

Federal Court of Australia

MGH Employment and Training Pty Ltd v Knott [2022] FCA 567 File number: QUD 267 of 2021

Judgment of: LOGAN J

Date of judgment: 1 February 2022

Catchwords: INDUSTRIAL LAW – application under s 39B of the Judiciary Act 1903 (Cth) for writs in the nature of certiorari and mandamus to the Full Bench of the Fair Work Commission – where Full Bench dismissed appeal against decision of Deputy President of the Fair Work Commission determining that the employee's application to the Commission to deal with a general protections dispute had been made within 21 days after the employee's dismissal took effect – where applicant alleged Full Bench had fallen into jurisdictional error in assessing date upon which dismissal took effect– where Full Bench declined to admit further evidence at hearing of the appeal –where Full Bench properly understood its task in exercising its jurisdiction under the Fair Work Act 2009 (Cth) – where any error by Full Bench was an error within jurisdiction – application dismissed INDUSTRIAL LAW – application under s 39B of the Judiciary Act 1903 (Cth) for writs in the nature of certiorari and mandamus to the Full Bench of the Fair Work Commission – where applicant alleged that Full Bench of the Fair Work Commission failed to address a serious submission advanced by the applicant in written and oral submissions – where grounds of appeal delineate relevant issues for determination – Full Bench addressed each of ground of appeal advanced – where any error by Full Bench was an error within jurisdiction – application dismissed

Legislation: Fair Work Act 2009 (Cth) ss 365, 366, 604 Judiciary Act 1903 (Cth) s 39B