Bradford Newbond v GM Holden Ltd
[2015] FWCFB 7622
•6 NOVEMBER 2015
| [2015] FWCFB 7622 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.604 - Appeal of decisions
v
GM Holden Ltd
(C2015/6748)
VICE PRESIDENT WATSON | MELBOURNE, 6 NOVEMBER 2015 |
Appeal against decision [2015] FWC 6024 of Commissioner Wilson at Melbourne on 2 September 2015 in matter number U2014/16617 – Extension of time to lodge an appeal – Fair Work Act 2009 – ss. 394, 400 and 604.
[1] This decision is an edited version of a decision given on transcript at the conclusion of the hearing on 28 October 2015. It concerns an application for an extension of time to lodge an appeal, an application for permission to appeal and an appeal against the decision of Commissioner Wilson handed down on 2 September 2015. The decision of the Commissioner arose from an application for an unfair dismissal remedy by Bradford Newbond.
[2] The first matter that falls for determination is whether the time limit for lodging the appeal under the Fair Work Commission Rules should be extended. The criteria for considering that application are well established. The application needs to be considered in all of the circumstances including the reasons for the delay and the merits of the application.
[3] We have had regard to those matters, including the requirement for permission to appeal and the necessity to justify permission to appeal by reference to the public interest. In all of the circumstances we have decided to decline the application for an extension of time to lodge the appeal because there is an insufficient basis for doing so. Therefore there is no valid appeal to be considered and it is unnecessary for us to consider any further matters.
[4] The application for an extension of time to lodge the appeal is dismissed.
VICE PRESIDENT
Appearances:
Mr G. Dircks on behalf of Mr B. Newbond.
Mr P. O’Grady of counsel, with Ms F. Anderson, on behalf of GM Holden Ltd.
Hearing details:
2015.
Sydney – Video Link to Melbourne.
28 October.
Final written submissions:
Mr B. Newbond on 13 October 2015.
GM Holden Ltd on 20 October 2015.
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