Bindaree Beef Pty Ltd v Riley

Bindaree Beef Pty Ltd sought judicial review of a decision of the Industrial Relations Commission of New South Wales (the Commission), sitting as a Full Bench. The Full Bench had upheld an order made by a single member of the Commission, which reinstated an injured worker. Bindaree Beef contended that the decision of the Full Bench constituted a jurisdictional error.

The primary legal issue before the Court of Appeal was whether the Full Bench of the Commission had committed a jurisdictional error in upholding the reinstatement order. This involved considering whether the Full Bench's interpretation and application of section 244 of the *Workers Compensation Act 1987* (NSW) amounted to an error of law that vitiated its jurisdiction.

The Court of Appeal found that the Full Bench had not made a jurisdictional error. The reasoning focused on the construction of section 244 of the *Workers Compensation Act 1987*, which deals with the circumstances in which an employer may terminate the employment of an injured worker. The Court concluded that the Full Bench's decision, while potentially involving an error of law, did not rise to the level of jurisdictional error that would warrant setting aside its determination.

The application for judicial review was dismissed, and Bindaree Beef Pty Ltd was ordered to pay the costs of the proceedings.