Jesse Brandy v BMD Constructions Pty Ltd
[2015] FWCFB 7626
•9 NOVEMBER 2015
| [2015] FWCFB 7626 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.604 - Appeal of decisions
v
BMD Constructions Pty Ltd
(C2015/6262)
VICE PRESIDENT WATSON | MELBOURNE, 9 NOVEMBER 2015 |
Appeal against decision [2015] FWC 6415 of Vice President Lawler at Sydney on 10 September 2015 in matter number U2015/8331 – Permission to appeal – Permission to appeal 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 28 October 2015. It concerns an application for permission to appeal against a decision of Vice President Lawler of 10 September 2015 in relation to Jesse Brandy’s unfair dismissal application.
[2] Having regard to the concessions of the parties, we propose to grant permission to appeal and allow the appeal.
[3] We will order that the decision of Vice President Lawler in this matter be quashed including the finding that the termination was a genuine redundancy within the meaning of that term under the Act.
[4] That leaves for determination the question of whether the termination was harsh, unjust or unreasonable. We will remit that matter to Commissioner Johns to hear and determine that matter based on the material that has been adduced before the Commission and any supplementary material that he may allow after hearing from the parties in the matter.
VICE PRESIDENT
Appearances:
Mr P. Boncardo on behalf of Mr J. Brandy.
Mr G. Power, with Mr S. Thomas, for BMD Constructions Pty Ltd.
Hearing details:
2015.
Sydney – Video Link to Brisbane.
28 October.
Final written submissions:
Mr J. Brandy on 15 October 2015.
BMD Constructions Pty Ltd on 22 October 2015.
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