Recent Cases

Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45 (05 April 2024) (Katzmann, Snaden and Raper JJ)


INDUSTRIAL LAW – judicial review of decision of a full bench of the Fair Work Commission (FWC) under s 39B of Judiciary Act 1903 (Cth) – alleged unfair dismissals – dismissals effected for operational reasons – whether dismissals were cases of genuine redundancy – where FWC was not satisfied dismissals were cases of genuine redundancy because employees could be redeployed to perform work undertaken by contractors – where Full Bench dismissed appeal – whether s 389(2) of Fair Work Act 2009 (Cth) authorises consideration of potential redeployment to roles already filled by others – whether Full Bench correctly approached FWC decision on a correct understanding of what would constitute error