Minister for Industrial Relations for the State of Victoria v Esso Australia Pty Ltd

The case involved the Minister for Industrial Relations for the State of Victoria challenging a decision of the Full Bench of the Fair Work Commission (FWC) to revoke an order made under section 424 of the Fair Work Act 2009 (Cth). The revocation occurred after the High Court had reversed a judgment of the Full Court of the Federal Court which had previously determined that certain industrial action was protected. The section 424 Order had been made before the High Court's reversal, and Esso Australia Pty Ltd subsequently applied to the FWC for the revocation of the order. The Minister argued that the FWC failed to recognise the validity of the Full Court's orders until set aside, and that the FWC had committed jurisdictional error in various respects, including by revoking the order when the Fair Work Act allows for the correction of errors in orders by appeal under section 604.

The court had to decide several legal issues, including whether the FWC had failed to recognise that orders of the Full Court were valid until set aside, whether the FWC committed jurisdictional error in revoking the order, and whether the FWC denied the Minister procedural fairness. The court considered the statutory scheme and the power of the FWC to vary or revoke its decisions, concluding that the Full Bench did not commit jurisdictional error. The court held that the FWC was entitled to exercise its discretion under section 603 of the Fair Work Act to revoke the section 424 Order, and that the Full Bench did not fail to consider or apply a material consideration or commit jurisdictional error. The court found that the Full Bench had appropriately considered the relevant factors in exercising its discretion, and dismissed the application for judicial review.

The court held that the FWC did not fail to recognise that orders of the Full Court were valid until set aside, as the occasion for the Vice-President to apply or consider the Full Court's order did not arise. The court also held that the Full Bench did not commit jurisdictional error in revoking the section 424 Order, and that the Full Bench had not denied the Minister procedural fairness. The court found that the Full Bench had appropriately exercised its discretion under section 603 of the Fair Work Act, and dismissed the application for judicial review. The final order was that the application for judicial review was dismissed.