Coles Supermarkets Australia Pty Limited v Conway

The case of Coles Supermarkets Australia Pty Limited v Conway was heard in the Industrial Division of the Supreme Court of South Australia. Coles Supermarkets Australia Pty Limited sought to appeal a decision of an Arbitrator that had rejected its claim for payment of proposed surgery costs for Conway. The dispute centred around the interpretation and application of various sections of the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998, specifically sections 60(5), 59A, and 352(3) respectively.

The legal issues before the court involved whether the monetary threshold had been met to permit an appeal against the Arbitrator's decision and whether the Arbitrator had adequately addressed the arguments put forth by Coles regarding the claim for surgery costs. The court needed to determine whether the Arbitrator's order concerning the compensation payable was appropriate, and whether there was a challenge to the finding of fact by Coles that had not been properly addressed.

The court found that the monetary threshold had indeed been met, allowing for the appeal to proceed. It also examined the precedent set in Air Electrical Pty Ltd t/as DJ Staniforth & Co v Mortimer and noted that the facts of the present matter were distinguishable. The court held that the Arbitrator's order was concerned with the compensation that would be payable, and that the issues raised by Coles in their arguments had been addressed by the Arbitrator. Consequently, the Arbitrator’s findings and the orders found in the Certificate of Determination dated 5 March 2015 were confirmed.

ORDERS:
The Arbitrator’s findings and the orders found in Certificate of Determination dated 5 March 2015 are confirmed.