Hien Huu Tran v AP Facilities Pty Limited t/as Atlab Australia

In the case of Hien Huu Tran v AP Facilities Pty Limited t/as Atlab Australia, the dispute pertains to an application for leave to appeal against a decision relating only to costs. The case was heard by the Commission, constituted by a Presidential member, in accordance with section 352 of the 1998 Act. The Appellant Worker, Mr. Tran, sought leave to appeal an order made by the Arbitrator regarding costs. The key legal issue before the Commission was whether the Appellant Worker could satisfy the threshold requirements outlined in section 352(2) of the 1998 Act, given that the appeal was solely concerning a costs order.

The Commission assessed whether the Appellant Worker could meet the statutory criteria, which requires the amount of compensation at issue to be at least $5,000 and at least 20% of the amount awarded in the decision appealed against. The Appellant Worker argued that since the appeal was not about compensation but rather an order for costs, section 352(2) should not apply. However, the Commission held that section 352(2) is not contingent on the nature of the issue being appealed but rather on the threshold amount of compensation involved. The Appellant Worker's contention that there was no amount of compensation at issue was rejected by the Commission, which found that the statutory requirements for leave to appeal could not be circumvented in this context.

The Commission concluded that since the appeal did not involve an amount of compensation, it did not meet the threshold requirements of section 352(2) of the 1998 Act. Consequently, leave to appeal was refused. The Commission provided its reasons in writing to the parties, emphasizing that the statutory provisions were clear and mandatory. The Appellant Worker’s application for leave to appeal was thus denied.