Australian Cables Pty Ltd v Rajeev Sunu

Australian Cables Pty Ltd (the applicant) sought judicial review of a decision by the Fair Work Commission (the respondent) to grant an interim reinstatement order in favour of Mr Rajeev Sunu (the employee). The dispute concerned the employee's dismissal from his employment with Australian Cables Pty Ltd.

The primary legal issue before the court was whether the Fair Work Commission had erred in law by granting an interim reinstatement order without first determining whether it had jurisdiction to hear the employee's unfair dismissal application. Specifically, the court considered whether the Commission's finding that it had a "prima facie" case of jurisdiction was sufficient to justify the interim order.

The court reasoned that the Commission must establish its jurisdiction before making substantive orders, including interim reinstatement. It held that the Commission had impermissibly conflated the test for establishing a "prima facie" case of jurisdiction with the actual determination of jurisdiction. The court found that the Commission had failed to undertake the necessary jurisdictional inquiry, thereby exceeding its powers.

The court made orders quashing the decision of the Fair Work Commission to grant the interim reinstatement order.