Federal Court of Australia
Federal Court of Australia
Jovcic v Coopers Brewery Limited [2023] FCA 423 Review from: Jovan Jovcic and Filip Markovic v Coopers Brewery Limited [2022] FWC 1931
File number: SAD 140 of 2022
Judgment of: CHARLESWORTH J
Date of judgment: 5 April 2023
Date of publication of reasons: 5 May 2023
Catchwords: ADMINISTRATIVE LAW – application for judicial review of a decision of a single member of the Fair Work Commission – discretion to refuse relief on the basis that there exists an alternative procedure for the resolution of the applicants' underlying claims – relief refused on the basis that there exists a right to seek permission to appeal to the Full Bench of the Fair Work Commission and no reason has been advanced for the applicants' failure to exercise the right
Legislation: Fair Work Act 2009 (Cth) ss 381,400, 570, 604, 607 Judiciary Act 1903 (Cth) s 39B
Cases cited: Bragg v Secretary, Department of Employment, Education and Training (1995) 59 FCR 31 Construction, Forestry, Maritime, Mining and Energy Union v Mt Arthur Coal Pty Ltd (2021) 310 IR 399 Fox v Percy (2003) 214 CLR 118 Jovan Jovcic and Filip Markovic v Coopers Brewery Limited [2022] FWC 1931 Ulan Coal Mines Limited v Honeysett (2010) 199 IR 363 Warren v Coombes (1979) 142 CLR 531
Division: Fair Work Division
Registry: South Australia
National Practice Area: Employment and Industrial Relations
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