Warrell v Fair Work Australia (No 2)

[2013] FCA 402

FEDERAL COURT OF AUSTRALIA

Warrell v Fair Work Australia (No 2) [2013] FCA 402

Citation:		Warrell v Fair Work Australia (No 2) [2013] FCA 402
Parties:		EDWARD GEORGE WARRELL v FAIR WORK AUSTRALIA and BACTO LABORATORIES PTY LTD
File number:		NSD 1820 of 2012
Judge:		FLICK J
Date of judgment:		3 May 2013
Catchwords:		PRACTICE AND PROCEDURE – identification of decision-maker – statutory authority – order for substitution
Legislation cited:		Federal Court Rules 2011 rr 9.05, 9.07, 9.08
Cases cited:		Construction, Forestry, Mining and Energy Union v Hamberger [2011] FCA 719 Deva v University of Western Sydney [2011] FCA 199 NAZY v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 744 SAAPv Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294 Sneddon v Minister for Immigration & Multicultural and Indigenous Affairs [2005] FCAFC 170, 88 ALD 84 SZAQL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 759 VAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 117 Warrell v Walton [2013] FCA 291
Date of hearing:	Heard on the papers
Place:	Sydney
Division:	FAIR WORK DIVISION
Category:	Catchwords
Number of paragraphs:	5
Counsel for the Applicant:	Mr Ian Neil SC with Mr C Bolger
Solicitor for the Applicant:	Clayton Utz
Counsel for the First Respondent:	The First Respondent submitted save as to costs
Counsel for the Second Respondent:	The Second Respondent submitted to any order of the Court

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
FAIR WORK DIVISION	NSD 1820 of 2012

BETWEEN:

EDWARD GEORGE WARRELL
Applicant

AND:

FAIR WORK AUSTRALIA
First Respondent

BACTO LABORATORIES PTY LTD
Second Respondent

JUDGE:	FLICK J
DATE OF ORDER:	3 MAY 2013
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The name of the First Respondent be amended to “Fair Work Australia”.

2.An order in the nature of certiorari be granted quashing the orders and decision of the First Respondent made on 5 June 2012 in matter C2011/5891 (the “Decision”).

3.A declaration be made that the Decision was not a valid exercise of the powers of the First Respondent and the Decision is a nullity.

4.An order in the nature of mandamus be granted directing the Full Bench of the First Respondent to:

(i)grant the Applicant leave to appeal in proceedings C2011/5891 being the Appeal to the Full Bench of Fair Work Australia in Edward Warrell v Bacto Laboratories Pty Ltd;

(ii)uphold the appeal in proceedings C2011/5891 being the appeal to the Full Bench of Fair Work Australia in Edward Warrell v Bacto Laboratories Pty Ltd;

(iii)remit the proceedings U2011/9217, being the application by Edward Warrell to Fair Work Australia for an unfair dismissal remedy against Bacto Laboratories Pty Ltd, for rehearing by a different member of Fair Work Australia (now the Fair Work Commission).

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
FAIR WORK DIVISION	NSD 1820…