Recent Cases

Construction, Forestry, Maritime, Mining and Energy Union v Anglo American Australia Limited [2019] FCAFC 109 (27 June 2019) (Flick, Kerr and O’Callaghan JJ)


INDUSTRIAL LAW – application for review of decision of Full Bench of Fair Work Commission – review made as part of 4 yearly review under s 156 of the Fair Work Act 2009 (Cth) – where review concerned reducing period of accident pay in Black Coal Mining Industry Award 2010 – whether review under s 156 requires single, holistic review

ADMINISTRATIVE LAW – whether inadequacy of reasons amounted to jurisdictional error – reasons of the Full Bench of Fair Work Commission adequate – whether Full Bench was functus officio in making its decision – whether Full Bench gave proper, genuine and realistic consideration to issues – whether jurisdictional error for making of finding with no evidence – application dismissed