SA Power Networks v Australian Competition Tribunal (No 2)

[2018] FCAFC 3

Full Court of the Federal Court18 January 2018

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Interrogate

Catchwords

1. consideration of an application for judicial review of a decision of the Australian Competition Tribunal to affirm a decision of the Australian Energy Regulator
1. nature and scope of review by the Tribunal

Quick Take

Enterprise agreements under the Fair Work Act are unlikely to constitute 'regulatory obligations or requirements' under s 2D(1)(b)(v) of the NEL, and the AER's choice of methodology for determining gamma will be treated as a judgment call subject to limited judicial review.