Dr Allan Clarke T/A CJ Orthopaedics Pty Ltd v Glenyce Ham

[2017] FWC 1689

[2017] FWC 1689

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.604—Appeal of decision

Dr Allan Clarke T/A CJ Orthopaedics Pty Ltd
v
Glenyce Ham
(C2017/1481)

DEPUTY PRESIDENT HAMILTON MELBOURNE, 24 MARCH 2017

Application for stay of decision [2017] FWC 1335 of Commissioner Spencer at Brisbane on 7 March 2017 in matter number U2016/11771.

[1] On 20 March 2017, CJ Orthapaedics Pty Ltd filed an application for stay of an unfair dismissal decision. The application was not accompanied by Form F7, the form used to initiate an appeal of a decision.

[2] On 23 March 2017, my Chambers wrote to the parties as follows:

‘Deputy President Hamilton has asked me to write to you both in relation to the above matter.

The Deputy President notes that the application for a stay order in this matter is not accompanied by an application for an appeal of the decision issued in matter U2016/1171 pursuant to s.604 of the Fair Work Act 2009. Section 606 of the Act provides that the Commission may order that a decision or order be stayed where the FWC hears an appeal from a decision. Both sections of the Act are attached.

The Deputy President directs the Applicant to advise Chambers in writing by 12 noon today why the application for a stay should not be dismissed because of a lack of an appeal being instituted pursuant to s.604 of the Act.’

[3] Later that day, the applicant withdrew the application for a stay order:

‘We have considered the Deputy President’s views and direction.

In the circumstances, my client withdraws the application for a stay order and requests the hearing listed for this afternoon be vacated.

I thank the Deputy President and apologise for any inconvenience.

Please contact me if you have any queries or would like to discuss.’

[4] Accordingly, the Commission closed its file in this matter.

DEPUTY PRESIDENT

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