Gregory Wood v Direct Enterprise Pty Ltd
[2015] FWCFB 7609
•6 NOVEMBER 2015
| [2015] FWCFB 7609 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.604 - Appeal of decisions
v
Direct Enterprise Pty Ltd
(C2015/6000)
VICE PRESIDENT WATSON | MELBOURNE, 6 NOVEMBER 2015 |
Appeal against decision [2015] FWC 5677 of Commissioner Booth at Brisbane on 18 August 2015 in matter number U2014/15619 – Permission to appeal – Whether grounds of appeal attract the public interest – Permission to appeal not granted – 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 27 October 2015. It concerns an application for permission to appeal against a decision of Commissioner Booth of 18 August 2015 in relation to Gregory Wood’s unfair dismissal application.
[2] The decision under appeal involved a decision by Commissioner Booth to dismiss an unfair dismissal application by Mr Wood on the ground that the termination of his employment by Direct Enterprise Pty Ltd was a case of genuine redundancy within the meaning of s.389 of the Fair Work Act 2009.
[3] In order to qualify for permission to appeal we will usually need to be satisfied that there is an arguable case of appealable error, and it is in the public interest that permission to appeal be granted.
[4] The decision of the Commissioner includes a detailed consideration of the various factual circumstances and the various factors that bear upon the definition of genuine redundancy. We are not satisfied that an arguable case of appealable error has been established and we are further not satisfied that the public interest is attracted, such that it is in the public interest to grant permission to appeal.
[5] For those reasons we decline to grant permission to appeal and we dismiss the application for permission to appeal.
VICE PRESIDENT
Appearances:
Mr G. Wood on his own behalf.
Mr P. Wright, with Mr D. Schubert, for Direct Enterprise Pty Ltd.
Hearing details:
2015.
Sydney – Video Link to Brisbane.
27 October.
Final written submissions:
Mr G. Wood on 13 October 2015.
Direct Enterprise Pty Ltd on 26 October 2015.
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