C2015/6796, Transcript of Proceedings [2015] FWCTrans 637 (10 November 2015)

TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009 1052661

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VICE PRESIDENT WATSON
DEPUTY PRESIDENT HAMILTON
COMMISSIONER JOHNS

C2015/6796

s.604 - Appeal of decisions

Williams-Noonan v Griffith University
(C2015/6796)

Sydney

2.48 PM, WEDNESDAY, 28 OCTOBER 2015

PN1

VICE PRESIDENT WATSON: We are in a position to indicate our decision in this matter. The decision under appeal is a decision of Deputy President Kovacic declining to grant an extension of time for filing a general protections application under the Fair Work Act. The application was lodged 245 days outside the statutory timeframe.

PN2

It is clear from the decision of the Deputy President and also from the submissions made to us today that there is an unfortunate set of circumstances involved in this matter. However a decision is classically a discretionary decision where the Deputy President was required pursuant to the provisions of 366 of the Act to consider whether there were exceptional circumstances taking into account a number of matters.

PN3

An appeal against such a decision can only be granted if it is demonstrated that a discretion was not properly exercised because of an error in the exercise of the discretion.

PN4

Permission to appeal can be granted if there is an arguable case for error and it must be granted if it is considered by this Bench that the public interest is attracted in a matter.

PN5

Having regard to all of the circumstances we are not satisfied that there is an arguable case of error in the Deputy President's decision. It appears to us that he considered all of the relevant factors and made findings clearly available on the evidence before him.

PN6

Further we are not satisfied that it is in the public interest that permission to appeal be granted in this case. It appears to us that the applicant for permission to appeal is seeking an alternative result, but really in essence is seeking to reargue the points that were raised and considered by the Deputy President.

PN7

In those circumstances we decline to grant permission to appeal. The application for permission to appeal is dismissed.

ADJOURNED INDEFINITELY [2.51 PM]