Duggan v Metropolitan Fire and Emergency Services Board

[2017] FCAFC 112

Full Court of the Federal Court3 August 2017

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Interrogate

Catchwords

1. Industrial Law
1. application for judicial review of a decision of the Full Bench of the Fair Work Commission in performance of a private arbitration
1. identification of scope of the “record” in the context of a private arbitration award
1. Practice and Procedure

Quick Take

Judicial review of Fair Work Commission decisions made in private arbitration under enterprise agreement dispute resolution clauses is limited to the formal determination and documents incorporated by reference, not the full reasons, significantly limiting the scope for identifying error of law on the face of the record.