Recent Cases

D&D Traffic Management Pty Ltd v The Australian Workers’ Union [2022] FCAFC 113 (08 July 2022) (Katzmann, Thawley and Goodman JJ)


ADMINISTRATIVE LAW – application for judicial review of decision of Fair Work Commission not to approve an enterprise agreement because Commission was not satisfied that it passed the “better off overall test” – whether Commission misconceived its statutory task or failed to carry it out because it misconstrued provisions of award against which enterprise agreement was to be compared – if so, whether jurisdictional error established – scope of review for jurisdictional error of decisions of Commission – where Full Bench had refused permission to appeal and decision of Full Bench not challenged, alleged errors not raised before Full Bench and in one central respect applicant’s case was inconsistent with way in which matter argued in Commission, whether application would have been refused in exercise of Court’s discretion – where Full Bench made no orders, whether open to applicant to challenge its decision

INDUSTRIAL LAW – whether cl 33.1 of Building and Construction General On-Site Award 2010 does not apply to casual employees – whether Commission erred in its construction of the definition of “shiftwork” in cl 34.2(a) of Award