INDUSTRIAL LAW – where applicants allege breach of contract at common law and contravention of s 351 of the Fair Work Act 2009 (Cth) (FWA), prohibition on adverse action based on discrimination grounds – whether the Court has jurisdiction to deal with non-federal aspect of dispute – where the Federal Court has jurisdiction over the whole of a matter once its jurisdiction has been invoked Petrotimor Companhia de Patroleos SARL v Commonwealth of Australia (2003) 128 FCR 507 considered – where the court has jurisdiction to determine whether it has jurisdiction to hear matter Parisienne Basket Shoes Pty Ltd v Whyte (1938) 59 CLR 369 considered – where federal jurisdiction sought to be invoked by a general protections court application under s 370 FWA – where the applicants out of time to file a general protections court application s 370(a)(ii) – where the applicants were advised by solicitor that time limitation did not apply – whether an extension of time should be granted – principles in Brodie-Hanns v MTV Publishing Ltd (1995) 67 IR 298 considered – where extension of time denied, jurisdiction of court not invoked – proceeding dismissed
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0829
For more information, see the original judgement.
