2021 completed court reviews

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Read summaries of matters completed in 2021 in the High Court of Australia and the Federal Court of Australia that relate to decisions of the Fair Work Commission.

Chapman v FWC

Matters: PR709289; Appeal dismissed in [2020] FWCFB 3849

Summary

Clancy DP

The Commission dismissed the application for an unfair dismissal remedy.

Hatcher VP; Young DP; Harper-Greenwell C

The Full Bench refused the request for an extension of time and dismissed the application for permission to appeal on that basis.

Court summary

n/a

Status

The applicant discontinued matter ACD42/2020 on 4 March, 2021.

Transit Systems West Services Pty Ltd v Australian Rail, Tram and Bus Industry Union & Anor

Matter: [2019] FWC 6767

Summary

Cambridge C

Dispute about the interpretation of a clause providing for additional payment when employees rostered off on a public holiday. There was no agreement as to any determination of the alleged contractual obligation arising from extraneous materials, and the interpretation made in support of application.

Catanzariti VP; Sams DP; Saunders DP

The Full Bench granted permission to appeal and dismissed the appeal.

Court summary

The Full Court of the Federal Court dismissed the application.

Status

Closed.

Merhi v Commonwealth of Australia

Matter reviewed: [2020] FWCFB 3523

Summary

Cross DP

Commission refused application for an extension of time to lodge an unfair dismissal application.

Hatcher VP; Sams DP; Dean DP

Full Bench refused permission to appeal.

Court Summary

n/a

Status

Proceeding NSD946/2020 was dismissed on 5 March 2021.

Knowles v Bluescope Steel Limited

Matters: [2020] FWC 1015; Appeal upheld in [2020] FWCFB 3439

Summary

Riordan C

The Commission found no valid reason for dismissal and ordered reinstatement as an appropriate remedy.

Millhouse DP; Young DP; Cirkovic C

The Full Bench upheld the appeal and on redetermination dismissed the application for an unfair dismissal remedy.

Court summary

The Full Court dismissed the proceeding on 12 March 2021.

Status

Closed.

Coles Supply Chain Pty Ltd v Cameron Milford & Anor

Matter: [2019] FWC 4892 quashed by [2019] FWCFB 7658

Summary

Booth DP

Application to deal with contraventions involving dismissal. The application was made out of time and the Commission did not find that there were exceptional circumstances to enliven the Commission’s jurisdiction to grant an extension of time.

Hatcher VP; Clancy DP; Masson DP

On appeal, the Full Bench quashed the first instance decisions and ordered the application to be remitted to Lake DP.

Court summary

The Court quashed the decision of the Full Bench and ordered the Commission to hear and determine Mr Milford's application for permission to appeal. The Court refused Coles' application for declaratory relief.

Status

The High Court of Australia issued a disposition stating that the application for special leave would have insufficient prospects for success, and accordingly that the application should be dismissed on 4 March 2021.

AED v The Commonwealth of Australia & Ors

Matter: [2020] FWCFB 1704

Summary

Hatcher VP; Booth DP; Cambridge C

4 yearly review of modern awards—Supported Employment Services Award 2010.

Court summary

The Full Court dismissed application VID336/2020 and refused leave for the applicant to file an amended application.

Status

Closed.

Updated time

Last updated

24 March 2021

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