| [2025] FWC 1835 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.604 - Appeal of decisions
Central Queensland Services Pty Ltd
v
David Weule
(C2025/4951)
| VICE PRESIDENT GIBIAN | SYDNEY, 27 JUNE 2025 |
Appeal against decision [2025] FWC 1219 of Deputy President Butler at Brisbane on 7 May 2025 in matter number U2024/11923 – Stay application – Stay sought against order for reinstatement and payment of lost remuneration – Stay granted on conditions.
Introduction
David Weule was employed by Central Queensland Services Pty Ltd until 20 September 2024. Most recently, he was deployed to perform work at the Caval Ridge Mine near Moranbah in Central Queensland. The mine is operated by BM Alliance Coal Operations Pty Ltd. Mr Weule was dismissed following his involvement in an altercation with an employee of a labour hire provider who was also working at the mine, Mr Torcello.
On 4 October 2024, Mr Weule applied to the Commission for an unfair dismissal remedy under s 394 of the Fair Work Act 2009 (Cth) (the Act). The application was heard by Deputy President Butler on 30 and 31 January 2025. The Deputy President handed down her decision on 7 May 2025. The Deputy President concluded that there was no valid reason for Mr Weule’s dismissal and was satisfied that his dismissal was harsh, unjust and unreasonable.[1] Central to the findings of the Deputy President was her conclusion that Mr Torcello had attacked Mr Weule and Mr Weule defended himself in a manner that was proportionate and reasonable.[2] The Deputy President was not satisfied that reinstatement was inappropriate and decided to order Mr Weule’s reinstatement.[3] The Deputy President also indicated she considered it was appropriate to make an order to maintain the continuity of Mr Weule’s employment and that she would hear the parties further on Mr Weule’s loss since dismissal.[4] The Deputy President made directions for the parties to the heard as to the form and content of the orders to be made.
On 28 May 2025, Central Queensland Services filed a notice of appeal seeking permission to appeal from, and to appeal, the decision of the Deputy President. The notice of appeal indicated that Central Queensland Services sought a stay of the whole of the decision. At the time the notice of appeal was filed, the Deputy President had not made any orders. The stay application was allocated to me, and directions were issued to facilitate a hearing of the stay application on 25 June 2025 on the expectation that, by that time, the Deputy President would have made orders consequent on the findings she had made.
On 24 June 2025, the Deputy President issues a further decision in relation to the form and content of the orders to be made to resolve the proceedings at first instance.[5] The time taken in resolving the orders to be made is explained by the parties having filed a number of rounds of further submissions and evidence in relation to the form and content of the orders…
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- Case
- [2025] FWC 1835
- Decision Date
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