Low Latency Media Pty Ltd T/A Frameplay, Frameplay Holdings Corporation v Eric Rossi

Low Latency Media Pty Ltd, trading as Frameplay, and Frameplay Holdings Corporation brought an appeal against the decision of Commissioner Yilmaz of the Fair Work Commission, delivered on 12 August 2022 in Melbourne. The initial matter, U2021/6369, involved a dispute between the appellants and Eric Rossi. The central issue was whether the Commission’s decision should be stayed pending the appeal. The appellants sought a stay of the decision, arguing that the balance of convenience favoured such a course.

The court had to determine whether the application for a stay was warranted, focusing on the balance of convenience. This required a careful assessment of the potential harm to the respective parties if the stay was granted or refused. The appellants needed to demonstrate that the inconvenience and potential prejudice to them if the stay was not granted outweighed any prejudice to Eric Rossi if the stay were granted. The court considered the circumstances of the case, including the likelihood of success on the appeal, the potential for irreparable harm, and the overall impact on the proceedings.

After evaluating the arguments and the evidence presented, the court concluded that the balance of convenience did indeed favour granting the stay. The court recognised that without a stay, the appellants could suffer significant and potentially irreparable harm, which outweighed the prejudice to Eric Rossi. The court found that the appellants had made out a compelling case for a stay, and thus granted the application. This decision was made in the interest of ensuring that the proceedings were fair and just for both parties.

The court ordered that the decision of Commissioner Yilmaz be stayed until the appeal was determined. This ruling provided the appellants with a temporary reprieve from the effects of the Commission's decision, pending the outcome of their appeal.