C2015/6000, Transcript of Proceedings [2015] FWCTrans 630 (10 November 2015)

TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009 1052643

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VICE PRESIDENT WATSON
DEPUTY PRESIDENT HAMILTON
COMMISSIONER JOHNS

C2015/6000

s.604 - Appeal of decisions

Wood v Direct Enterprise Pty Ltd
(C2015/6000)

Sydney

2.29 PM, TUESDAY, 27 OCTOBER 2015

PN1

VICE PRESIDENT WATSON: We have had regard to the material that has been filed and the submissions made orally here today. The decision under appeal involved a decision by Commissioner Booth to dismiss an unfair dismissal application by Mr Wood on the ground that the termination of his employment by Direct Enterprise Pty Ltd was a case of genuine redundancy within the meaning of section 389 of the Act.

PN2

In order to qualify for permission to appeal we must be satisfied that there is an arguable case of appellable error, and it is in the public interest that permission to appeal be granted.

PN3

The case before the Commissioner and the decision of the Commissioner involves a detailed consideration of the various factual circumstances and the various factors that bear upon the definition of genuine redundancy. We are not satisfied that an arguable case on appellable error has been established and we are further not satisfied that the public interest is attracted, such that it is in the public interest to grant permission to appeal.

PN4

For those reasons we decline to grant permission to appeal and we dismiss the application for permission to appeal.

ADJOURNED INDEFINITELY [2.30 PM]