[2025] FWC 611
Citation: [2025] FWC 611
What happened
Christopher Budd, an employee bargaining representative, filed an application under section 229 of the Fair Work Act 2009 seeking bargaining orders related to the Australian Federal Police (AFP) enterprise agreement. The AFP subsequently applied for dismissal of Budd's application. During a hearing, Budd argued the Commission lacked jurisdiction due to lawyers representing the AFP without proper permission, questioning the validity of Fair Work Commission Rule 2024, rule 13(1)(b). The Commissioner rejected this contention. Budd then sought a referral of several questions of law to the Federal Court under section 608 of the Fair Work Act.
What was decided
The Fair Work Commission President dismissed Christopher Budd’s application to refer questions of law to the Federal Court. The questions concerned the Commission’s power to determine the validity of delegated legislation and the validity of Fair Work Commission Rule 2024, rule 13(1)(b). The President found the questions lacked practical utility because Budd’s underlying bargaining orders application had no prospect of success due to the approval of the enterprise agreement. The President also noted Budd’s arguments regarding the Commission’s jurisdiction appeared to lack merit.
What it means for employers
Employers should ensure they understand and comply with Fair Work Commission rules regarding representation and legal advice. The decision highlights the Commission's power to dismiss applications lacking merit, even if procedural issues are raised.
What it means for employees
Employees should be aware that applications for referrals to the Federal Court are unlikely to succeed if the underlying matter has no prospect of success. Appeals against Commission decisions should be considered carefully.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc611.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →