Recent Cases

Ardeen Pty Ltd v Shop, Distributive and Allied Employees Association [2026] FCAFC 93 (20 July 2026) (Charlesworth, Raper and Vandongen JJ)


Catchwords:


INDUSTRIAL LAW – where Full Bench of the Fair Work Commission made a supported bargaining authorisation under s 243 of the Fair Work Act 2009 (Cth) (FW Act) – application for judicial review – whether the Full Bench misconstrued s 243(1)(b) of the FW Act by failing to have regard to submissions concerning the parties’ history of bargaining – whether “prevailing rates of pay” relevant to the s 243(1)(b) assessment in and of themselves – whether the Full Bench erred by failing to have regard to the competitive disadvantages flowing from a supported bargaining authorisation to the applicants – whether the Full Bench erred by failing to balance the differences between the applicants’ operations against their “common interests” – whether the Full Bench took irrelevant considerations into account in reaching its decision