Johnson v Cub Pty Ltd [2021] FCAFC 219 (03 December 2021) (Bromwich, O’Callaghan and Colvin JJ)


Catchwords:


INDUSTRIAL LAW – application for judicial review of a decision of the Full Bench of the Fair Work Commission quashing a Fair Work Commissioner’s decision to reinstate the applicant insofar as it required him to be reinstated to the first respondent’s brewery site – whether the Full Bench fell into jurisdictional error by reason of:

(1) misunderstanding the nature of its jurisdiction, misconceiving its duty, failing to apply itself to the question which ss 390 and 391 of the Fair Work Act 2009 (Cth) prescribes and/or acting on a wrong principle; or

(2) making only a portion of the order made by the Commissioner that it was not empowered by s 391 to make – held: application dismissed.