CASE PROCEDURES – appeals – costs – ss.400A, 604, 611 Fair Work Act 2009 – permission to appeal – Full Bench – decision of Full Bench refused permission to appeal and dismissed appeal [[2016] FWCFB 5223] filed by appellant against decision and order of Commissioner Platt, who dismissed application pursuant to s.399A of FW Act – respondent made costs application against appellant on basis that appeal filed ‘without reasonable cause’ – submitted should have been reasonably apparent to appellant that application had no reasonable prospects of success – contended she sought to run same case put to Commission at first instance, which itself was unrelated to s.399A application – test not whether argument would be successful but whether application should not have been made [Church v Eastern Health] – Full Bench acknowledged that application for costs related only to current appeal and not previous proceedings – that a person may have comprehensively lost their unfair dismissal claim and that costs are awarded against them based on tests under ss.611 and 400A does not necessarily mean that appeal against decision will result in similar costs outcome – focus must always be on the proceedings to which the costs application is directly related – Full Bench found applicant held an ‘absolute and unshakable belief in the merits of her case’ and went to ‘extraordinary and bizarre lengths’ to prove her innocence – Full Bench found appellant was clearly aware of adverse findings against her at first instance and had benefit of knowing respondent’s arguments against her in respect of appeal and yet continued to pursue application – grounds set out in Notice of Appeal ‘manifestly untenable or groundless’ [Baker v Salva Resources] and could therefore not be viewed as having any reasonable prospects of success – so devoid of merit or substance as to not be reasonably arguable – Full Bench held s.611(2) of FW Act enlivened – unnecessary to make further findings under s.400A – ordered appellant to pay respondent $5,000 incurred as party-party costs in preparing and defending appeal. Appeal by Hansen against decision and order of Platt C of 31 May 2016 [[2016] FWC 3472] and [PR580948] Re: Calvary Health Care Adelaide Limited
December 12, 2016
ENTERPRISE AGREEMENTS – approval – ss.185, 604 Fair Work Act 2009 – appeal – Full Bench – two appeals against decision which approved the SXO Custodial Enterprise Agreement 2016 (Agreement) with undertakings – as a result of administrative error by Commission staff, Form F18 lodged by CPSU objecting to Agreement and covering email requesting that CPSU be heard regarding application were not brought to attention of Commission prior to decision approving Agreement – Full Bench held the administrative oversight denied CPSU the opportunity for its concerns about Agreement to be considered by Commission – denial of procedural fairness – permission to appeal granted – appeals upheld – decision quashed – matter remitted for hearing and determination. Appeals by United Voice and the Community and Public Sector Union against decision of Roe C of 31 October 2016 [[2016] FWCA 7876] Re: Sodexo Australia P/L t/a Sodexo Australia
December 12, 2016
North Queensland Primary Health Network is facing a s.365 (Application to deal with contraventions involving dismissal) initiated by ex-staffer Davie.
December 12, 2016
The Fair Work Commission has granted the McKenzie Staff Pty Ltd application for its McKenzie Aged Care (Glasshouse Views, Seabrook, Bribie Cove) Enterprise Agreement 2016. Commissioner Lee in Melbourne on 9 December 2016 made the order.
December 12, 2016
The Salvation Army is facing an allegation (s.394 – Application for unfair dismissal remedy) which is seeks to refute before Senior Deputy President Hamberger in Conference Room 15A – Level 15 in Sydney at 2pm (Walker).
December 12, 2016
Life Without Barriers must face life with law. A s.739 (Application to deal with a dispute) will be heard by Commissioner Johns in his Sydney Chambers at 9.30 (Davis).
December 12, 2016
An application for approval of the HCF Salaried and Senior Staff Enterprise agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) is before Commissioner Riordan in Hearing Room 11-6 – Level 11 in Sydney at 11am.
December 12, 2016
An application by Rural Health Tasmania Incorporated (s.318 – Application for an order relating to instruments covering new employer and transferring employees in agreements) is with Senior Deputy President Hamberger in his Sydney Chambers.
