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Aldi Foods Pty Limited v. Shop, Distributive & Allied Employees Association & Anor

Case No. M33/2017
Case information

Lower Court Judgment

29/11/2016 Federal Court of Australia (Jessup J, Katzmann J, White J)

[2016] FCAFC 161

Catchwords

Industrial law – Jurisdictional error – Fair Work Act 2009 (Cth) – Approval of enterprise agreements – Whether Fair Work Commission fell into jurisdictional error in exercising functions under s 186 – Whether within Fair Work Commission’s jurisdiction to determine whether group of employees who voted on single enterprise agreement within coverage of agreement – Whether Fair Work Commission fell into jurisdictional error in determining agreement satisfied “better off overall test” under s 193 – Unreasonableness in jurisdictional sense.

Short particulars

Documents

08/03/2017 Hearing (SLA, Canberra)

20/03/2017 Notice of appeal

23/03/2017 Submitting appearance (Second Respondent)

29/03/2017 Notice of Contention (First Respondent)

11/04/2017 Written submissions (Appellant)

11/04/2017 Chronology (Appellant)

10/05/2017 Written submissions (First Respondent)

24/05/2017 Reply

09/08/2017 Hearing (Full Court, Brisbane)

06/12/2017 Judgment (Judgment summary)