D&D Traffic Management Pty Ltd v The Australian Workers' Union

[2022] FCAFC 113

Full Court of the Federal Court

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Interrogate

Catchwords

1. application for judicial review of decision of Fair Work Commission not to approve an enterprise agreement because Commission was not satisfied that it passed the “better off overall test”
1. if so, whether jurisdictional error established
1. scope of review for jurisdictional error of decisions of Commission

Quick Take

A misconstruction of an award by the Fair Work Commission in applying the BOOT is capable of giving rise to jurisdictional error, but the Court will exercise its discretion to refuse relief where the case on judicial review was not put to the Commission or is inconsistent with concessions made below.