United Firefighters' Union of Australia v Fire Rescue Victoria

[2025] FCAFC 16

Full Court of the Federal Court

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Interrogate

Catchwords

1. (2) required the Commission to include in the determination the agreed terms for the determination
1. Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43; 252 CLR 480, applied
1. no workplace determination had yet been made, and the Commission’s decision had no legal effect upon rights
1. held: certiorari is not available to quash the Commission’s decision

Quick Take

Judicial review of Fair Work Commission preliminary decisions via certiorari is available only where the decision has operative legal effect on rights; a mere expression of opinion on a preliminary issue that is not an essential preliminary to the ultimate determination is not amenable to certiorari.

Case Details

Citation[2025] FCAFC 16

CourtFCAFC

JurisdictionCommonwealth

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Relies on2

2013Wingfoot Australia Partners Pty Ltd v KocakHCA 43
1992Ainsworth v Criminal Justice CommissionHCA 10
Re Cram; Ex parte Newcastle Wallsend Coal Co Pty LtdHCA 29
Hot Holdings Pty Ltd v CreasyHCA 44

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