Hot Wok Food Makers Pty Ltd v United Workers Union [2022] FCA 1417

Federal Court of Australia

Hot Wok Food Makers Pty Ltd v United Workers Union [2022] FCA 1417 File number: QUD 296 of 2022

Judgment of: LOGAN J

Date of judgment: 15 November 2022

Catchwords: PRACTICE AND PROCEDURE – interlocutory injunctions – where applicant seeks to restrain proceedings in the Fair Work Commission – where Full Bench of the Fair Work Commission issued attendance notices as a result of "concerns" identified by it during hearing of an appeal – where applicant alleges Full Bench had misconceived its appellate jurisdiction and conduct itself in a manner which gave rise to a reasonable apprehension of bias – where no serious question to be tried in relation whether a reasonable apprehension of bias exists – where prima facie Full Bench has power under s 509 of the Fair Work Act 2009 (Cth) to proceed with issuing attendance notices – where balance of convenience favours allowing the Full Bench to proceed to determine balance of appeal – injunction refused INDUSTRIAL LAW – injunction to restrain proceedings in the Fair Work Commission – where Full Bench of the Fair Work Commission issued attendance notices as a result of "concerns" identified by it during hearing of an appeal – where applicant alleges Full Bench had misconceived its appellate jurisdiction and conducted itself in a manner which gave rise to a reasonable apprehension of bias – where prima facie there was no reasonable apprehension of bias and Full Bench has power under s 509 of the Fair Work Act 2009 (Cth) to proceed with issuing attendance notices – injunction refused

Legislation: Constitution s 75 Fair Work Act 2009 (Cth) ss 590, 607 Judiciary Act 1903 (Cth) s 39B