All Care Australia Pty Ltd v Fair Work Ombudsman [2024] FCA 545

Federal Court of Australia

All Care Australia Pty Ltd v Fair Work Ombudsman [2024] FCA 545 File number(s): VID 109 of 2024

Judgment of: DOWLING J

Date of judgment: 24 May 2024

Catchwords: PRACTICE AND PROCEDURE – application for stay of proceeding pending determination of application in the Fair Work Commission – where application for variation of Award before Commission – where compliance notice under s 716 of the Fair Work Act 2009 (Cth) has been issued – application for review of compliance notice pursuant to s 717 of the Fair Work Act 2009 (Cth) – whether the application for variation might succeed – whether discretion enlivened to grant stay – stay granted

Legislation: Fair Work Act 2009 (Cth), ss 157, 160, 682, 616, 716, 717 Federal Court Act 1976 (Cth), ss 23, 37M

Cases cited: Bianco Walling Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union [2020] FCAFC 50; (2020) 275 FCR 385 Commonwealth Bank of Australia v Finance Sector Union of Australia [2003] FCAFC 212; 124 IR 453 Financial Services Union of Australia v Australia and New Zealand Banking Group Ltd [2005] FCA 62 Jefferson v Bhetcha [1979] 2 All ER 1108 National Tertiary Education Industry Union v Monash University [2022] FCA 1368 Re Tenix Defence Systems Pty Ltd Certified Agreement 2001 – 2004 [2002] AIRC 531 ResMed Limited v Australian Manufacturing Workers' Union (No 2) [2015] FCA 537; (2015) 243 FCR 366 Rochfort v John Fairfax & Sons Ltd [1972] 1 NSWLR 16 Warramunda Village Inc v Pryde [2002] FCAFC 58; (2002) 116 FCR 58 Websyte Corporation Pty Ltd v Alexander (No 2) [2012] FCA 562