CASE PROCEDURES – appeals – ss.365, 372, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appellant lodged two general protections applications – application made under s.365 [C2015/7291] closed by the Commission on 27 June 2016 (2015 Application) – appellant had advised he did not intend to make the application under s.365 of FW Act and that he no longer wished to proceed with that application – application made under s.372 [C2016/4278] closed by the Commission on 5 July 2016 (2016 Application) – appellant advised that respondent refused to participate in a conference – appellant applied for permission to appeal the decisions of the Commission to close the applications – grounds for appeal included the delay caused by the Commission Canberra Registry staff in progressing his 2015 Application; the provision of misleading information by Commission staff which led him to discontinue his 2015 Application and lodge his 2016 Application; and the actions taken by Commission staff to close the two matters – Full Bench did not consider there was any ‘decision’ in relation to the 2015 Application which may be the subject of an appeal under s.604 of FW Act – considered discontinued in accordance with appellant’s communication that he did not wish to proceed with it – even if there was an appealable decision Full Bench did not consider that appellant had demonstrated any arguable case that the Commission erred in treating his 2015 Application as discontinued – in relation to the 2016 Application the Full Bench did not consider that the Commission made any decision capable of being appealed under s.604 – appellant made aware that if he wished to agitate his 2016 Application, he could make an appropriate application to the Federal Court of Australia or the Federal Circuit Court of Australia – Full Bench found appellant failed to demonstrate any arguable case that the Commission erred in closing matters C2015/7291 and C2016/4278 – not in public interest to grant permission to appeal – appeal incompetent because no appealable decision had been identified – permission to appeal refused. Appeal by Dyczynski against action taken by the Commission to close matters C2015/7291 and C2016/4278 Re: Remede P/L t/a Remede Wellness Medicine
