Iris Pagalia v Shevron Industries Pty Ltd
[2015] FWCFB 6783
•14 OCTOBER 2015
| [2015] FWCFB 6783 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.604—Appeal of decision
v
Shevron Industries Pty Ltd
(C2015/5024)
DEPUTY PRESIDENT HAMILTON | MELBOURNE, 14 OCTOBER 2015 |
Appeal against decision [2015] FWC 4063 of Commissioner Williams at Perth on 13 July 2015 in matter number U2014/14363.
[1] On 13 July 2015 Commissioner Williams handed down a decision 1 and order2 dismissing an application made by Ms.Iris Pagalia under s.394 of the Fair Work Act 2009 (the Act).
[2] On 3 August 2015 Ms Pagalia lodged an appeal against the decision.
[3] Directions were issued. Ms.Pagalia did not comply with directions, despite repeated requests. The hearing was scheduled for 29 September 2015, and at 10.11 am Ms.Pagalia advised the Commission that she would not be attending the hearing.
[4] As the decision was from an unfair dismissal decision, s.400 applied to the appeal. That section provides:
‘400 Appeal rights
(1) Despite subsection 604(2), the FWC must not grant permission to appeal from a decision made by the FWC under this Part unless the FWC considers that it is in the public interest to do so.
(2) Despite subsection 604(1), an appeal from a decision made by the FWC in relation to a matter arising under this Part can only, to the extent that it is an appeal on a question of fact, be made on the ground that the decision involved a significant error of fact.’
[5] The Commission considered all the material before the Bench and dismissed the application for permission to appeal. There were no grounds for granting permission to appeal. An order dismissing the appeal is contained in PR572501.
DEPUTY PRESIDENT
Appearances:
Ms E Hartley for the respondent
Hearing details:
2015:
Melbourne and Perth (by video)
September 29
1 [2015] FWC 4063
2 PR568419
Printed by authority of the Commonwealth Government Printer
<Price code A, PR572500>