C2008/2621, Transcript of Proceedings [2008] AIRCTrans 522 (10 September 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 19031-1

VICE PRESIDENT WATSON
SENIOR DEPUTY PRESIDENT HAMBERGER
COMMISSIONER SPENCER

C2008/2621

s.120 - Appeal to Full Bench
Appeal by Lamond, Matthew C
(C2008/2621)

BRISBANE

10.14AM, WEDNESDAY, 27 AUGUST 2008

PN1

MS M MCNAUGHTON: If it please the Commission, I appear on behalf of ALDI Foods Pty Limited, as general partner of ALDI Stores Limited Partnership. With me today is MS L THORNE who is an area manager with ALDI stores.

PN2

THE VICE PRESIDENT: Thank you, Ms McNaughton. Any appearance on behalf of the applicant? It appears that there’s no appearance on behalf of the applicant in this matter and I note that my associate spoke to Mr Lamond on Monday of this week to ask his intention in relation to this appeal, and to advise him that this matter would be proceeding unless the appeal was withdrawn and if he wished to progress his appeal, he needed to attend at today’s hearing. That conversation was also confirmed in an email to the applicant on Monday, 25 August. There appears to be no appearance on his behalf and that therefore raises the issue as to whether leave to appeal should be granted in those circumstances. Do you have a view as to what should occur, Ms McNaughton?

PN3

MS MCNAUGHTON: Yes. If it please the Commission, we would be seeking for the appeal to be dismissed and for leave to appeal to be confirmed as not permitted. Thank you.

PN4

THE VICE PRESIDENT: Thank you. There being no appearance on behalf of the applicant, we deny leave to appeal and this matter is now adjourned.

<ADJOURNED ACCORDINGLY [10.17AM]