The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane v Independent Education Union of Australia
[2015] FWCFB 7769
•12 NOVEMBER 2015
| [2015] FWCFB 7769 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.604 - Appeal of decisions
v
Independent Education Union of Australia
(C2015/7239)
VICE PRESIDENT CATANZARITI | SYDNEY, 12 NOVEMBER 2015 |
Appeal against the ex tempore decision of Commissioner McKenna at Sydney on 5 November 2015 in matter number C2015/7156.
[1] This is an appeal by the Corporation of the Trustees of the Roman Catholic Archdioceses of Brisbane and Others (Appellants) against an ex tempore decision made by Commissioner McKenna in dealing with an application made pursuant to s.418 of the Fair Work Act 2009 (the Act) for an order to stop industrial action. The Reasons for Decision in this matter were subsequently published by the Commissioner on 11 November 2015. 1
[2] On 11 November 2015, Vice President Catanzariti held a conference with the parties in respect of related proceedings C2015/7238. Following the conference, the Full Bench received correspondence from the parties which agreed that by consent, the Full Bench would determine this appeal on the papers on the basis of some procedural fairness issues raised.
[3] The Full Bench has had the benefit of reading the Commissioner’s Reasons for Decision and the transcript of the matter at first instance.
[4] The Full Bench notes that there are procedural errors associated with the decision at first instance and having regard to the correspondence received from the parties, in these circumstances the appeal is upheld and the decision is quashed.
[5] The matter C2015/7156 is remitted to Vice President Catanzariti for hearing on the merits and separate directions will follow in relation to this matter and the related matter C2015/7238.
[6] The Full Bench notes that the parties have agreed to an interim order in relation to both matters C2015/7156 and C2015/7238 and that interim order will be issued following this decision and will remain in place until the final hearing before the Vice President.
VICE PRESIDENT
1 Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane & Ors v Independent Education Union of Australia [2015] FWC 7628.
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