Federal Court of Australia
Federal Court of Australia
Hancock v DP World Pty Ltd [2024] FCA 116 File number(s): QUD 377 of 2022
Judgment of: MEAGHER J
Date of judgment: 22 February 2024
Catchwords: INDUSTRIAL LAW – Application for relief under s 39B of the Judiciary Act 1903 (Cth) and/or s 562 of the Fair Work Act 2009 (Cth) – Application against decision of Fair Work Commission (FWC) which dismissed application for an unfair dismissal remedy – Application against decision of the Full Bench of the FWC which refused permission to appeal the FWC decision – Whether each decision amenable to judicial review - Whether to exercise discretion to grant relief in relation to decision of the FWC - Whether decision of the Full Bench was affected by jurisdictional error or there is a compelling reason to overlook the Full Bench decision – Application dismissed
Legislation: Fair Work Act 2009 (Cth) ss385, 387, 390(1), 394, 400, 562, 604, 613 Judiciary Act 1903 (Cth) s39B
Cases cited: Australian Building and Construction Cmr v Construction, Forestry, Mining and Energy Union [2016] FCAFC 169 Australian Mines and Metals Association Inc v Construction, Forestry, Maritime, Mining and Energy Union [2018] FCAFC 223 Broadspectrum (Australia) Pty Ltd v United Voice [2018] FCAFC 139 Construction, Forestry, Maritime, Mining and Energy Union v Mechanical Maintenance Solutions Pty Ltd (2022) 289 FCR 508 CZA19 v Federal Circuit Court of Australia (2021) 285 FCR 447 D&D Traffic Management Pty Ltd v Australian Workers' Union [2022] FCAFC 113 Dafallah v Fair Work Commission (2014) 225 FCR 559 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 GlaxoSmithKline Australia Pty Ltd v Makin (2010) 197 IR 266 Hancock v DP World Brisbane Pty Ltd [2022] FWC 1406 Hancock v DP World Brisbane Pty Ltd [2022] FWCFB 142 Parmalat Food Products Pty Ltd v Wililo [2011] FWAFB 1166 Re Refugee Review Tribunal; Ex Parte Aala (2000) 204 CLR 82 Reliable Petroleum Pty Ltd v Fraser Murray [2017] FWCFB 5843 Toms v Harbour City Ferries Pty Limited (2015) 229 FCR 537 Trustee for the MTGI Trust v Johnston [2016] FCAFC 140 Waters v Australian Taxation Office (Cth) [2015] FCAFC 46
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