Gregory J Britt and Leanne Britt v Coady

The appeal was brought by the employer, Coady, against a decision made by an arbitrator awarding compensation to the worker, Leanne Britt. The worker had suffered injuries in an assault during an interval in actual work, and the dispute was over whether the injury was received in the course of employment. The case was heard in the Fair Work Commission, which has jurisdiction to hear and determine disputes between employers and employees. The Commission's task was to review the decision of the arbitrator and determine whether it was legally sound.

The legal issues in the case were whether the injury was received in the course of employment, and whether the arbitrator had considered all relevant evidence. The Commission noted that the employer had not raised certain issues at the arbitration hearing, and had failed to comply with Practice Direction No 6. The Commission also considered the principles in Hatzimanolis v ANI Corporation Ltd and Comcare v PVYW, which set out the test for determining whether an injury is received in the course of employment.

The Commission found that the arbitrator had made factual findings that were not challenged by the employer, and that the employer had failed to raise certain issues at the arbitration hearing. The Commission noted that the employer had not complied with Practice Direction No 6, which requires parties to raise all relevant issues at the arbitration hearing. The Commission also considered the principles in Hatzimanolis and Comcare, and found that the arbitrator had applied them correctly. The Commission concluded that the arbitrator's decision was legally sound, and confirmed the arbitrator's determination.

The final orders of the Commission were that the arbitrator's determination of 17 October 2013 was confirmed and the matter was remitted to the Arbitrator for determination of all outstanding matters. The employer was also ordered to pay the worker's costs of the appeal, assessed at $2,530 plus GST.