Cameron v Fair Work Commission

Troy Daniel Cameron, the applicant, sought judicial review of a series of decisions made by the Fair Work Commission (the first respondent) concerning his unfair dismissal proceedings. Murrin Murrin Operations Pty Ltd, the applicant's former employer, was subsequently joined as the second respondent. The applicant was aggrieved by the Commission's refusal to extend time for his unfair dismissal claim, its refusal to grant a stay of those orders, and its refusal to grant permission to appeal.

The central legal issue before the Federal Circuit Court was whether it possessed the jurisdiction to entertain the applicant's application for judicial review of the Fair Work Commission's decisions. The applicant's originating application sought various orders, including that his unfair dismissal application be deemed in time, heard fairly, and that he be allowed to present evidence and witnesses, as well as costs and compensation. The applicant's supporting affidavit asserted that the Commission had not ruled correctly or fairly on his matter and had not allowed him to present further evidence at the appeal.

The Court considered the relevant provisions of the *Fair Work Act 2009* (Cth) and the *Judiciary Act 1903* (Cth). The second respondent argued that the Federal Circuit Court lacked the requisite jurisdiction for judicial review of Fair Work Commission decisions. It was submitted that while section 566 of the *Fair Work Act* confers jurisdiction on the Federal Circuit Court in relation to civil matters arising under the Act, this does not extend to judicial review. The Court noted that judicial review proceedings under the *Administrative Decisions (Judicial Review) Act 1977* (Cth) are not competent in relation to decisions of the Fair Work Commission. Furthermore, the Court observed that statutory provisions conferring original review jurisdiction in the Federal Court and the High Court do not provide for the concurrent jurisdiction of the Federal Circuit Court in this context.

The application was dismissed.