Bleston Pty Limited t/as Erindale Bakery v Graham Shaw

Bleston Pty Limited, trading as Erindale Bakery, filed an application for leave to reject a workers compensation claim made by Graham Shaw. The dispute was heard by the Fair Work Commission. The central issue before the court was whether the application could proceed when the employer conceded that the worker was not fit for their pre-injury duties. Additionally, the court had to determine if the employer possessed an implied power to vary compensation payments.

The court found that the employer's concession regarding the worker's fitness for pre-injury duties did not preclude the application for leave to reject the claim. The concession related to the worker's capacity for specific duties, not the overall validity of the compensation claim. The court further explored whether the employer had an implied power to unilaterally alter compensation payments. It concluded that such a power did not exist under the applicable workers compensation legislation. The employer's right to vary payments was subject to the statutory framework and the provisions of any relevant enterprise agreement.

In light of these findings, the court determined that the application for leave to reject the claim could proceed. The employer's concession did not moot the application, and the implied power to vary compensation payments was not available. The court emphasised the importance of adhering to the statutory scheme governing workers compensation. The final orders included the dismissal of the employer's application for leave to reject the claim, with costs awarded to the worker.