Australian Workers Union v Leighton Contractors Pty Ltd (No 2)

The Australian Workers Union sought a judicial review of a decision made by the Full Bench of Fair Work Australia. Leighton Contractors Pty Ltd and associated companies were the respondents in this matter. The Federal Court was tasked with assessing the Union's unsuccessful application for judicial review and the respondents' application for costs under section 570 of the Fair Work Act 2009.

The central legal issue was whether the Union's proceedings were instituted without reasonable cause. The court needed to determine if the Union had a valid basis for initiating the judicial review, which would influence the exercise of the court's discretion in awarding costs. The respondents argued that the Union's application was frivolous and without merit, thereby warranting a costs order against the Union.

The court considered the circumstances leading up to the Union's application and the merits of the case. It found that there was reasonable cause for the Union to bring the proceedings, given the potential implications of the Full Bench's decision. Consequently, the court exercised its discretion not to make a costs order against the Union. The Union's application for costs was dismissed, and the respondents' application for costs was refused. The court's decision was made under its discretion to ensure just outcomes in proceedings involving the Fair Work Act.