DECISION

Fair Work Act 2009
s 604—Appeal of decision

Monash University
v
Michael Meaney
(C2018/6030)

DEPUTY PRESIDENT SAMS
DEPUTY PRESIDENT GOSTENCNIK
COMMISSIONER MCKINNON

SYDNEY, 16 JANUARY 2019

Appeal against a decision [[2018] FWC 5796] of Commissioner Cribb at Melbourne on 9 October 2018 in matter number U2017/13646; arguable case of appealable error established; public interest enlivened; permission to appeal granted.

Introduction

[1] Mr Michael Meaney was summarily dismissed from his employment as an Engineering Support Officer (ESO) with Monash University (Monash) on 20 December 2017. He had commenced employment with Monash on 8 July 2014. Following his dismissal Mr Meaney applied under s.394 of the Fair Work Act 2009 (Act) for an unfair dismissal remedy. The merit of that application was determined by Commissioner Cribb in a decision published on 9 October 2018 1 (Decision). The Commissioner determined that Mr Meaney’s dismissal was harsh2, that reinstatement as a remedy was not appropriate3 and that it was appropriate to order compensation.4 The precise amount of the compensation order is yet to be determined.5

[2] By its notice of appeal lodged on 29 October 2018 (amended on 20 December 2018 6), Monash applies for permission to appeal and appeals against the Decision. Mr Meaney did not file any written submissions in these proceedings and nor did he make an appearance at the hearing of this matter on 10 December 2018. This decision is concerned only with whether permission to appeal should be granted.

Consideration

[3] An appeal under s.604 of the Act is an appeal by way of rehearing and the Fair Work Commission’s (Commission) powers on appeal are only exercisable if there is error on the part of the primary decision maker. 7 There is no right to appeal and an appeal may only be made with the permission of the Commission.

[4] As this is an appeal from a decision made under Part 3-2 of the Act, s.400 of the Act also applies. Section 400 of the Act provides:

“400 Appeal rights

(1) Despite subsection 604(2), FWA must not grant permission to appeal from a decision made by FWA under this Part unless FWA 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] By its Notice of Appeal, Monash alleges that the Decision contains significant errors of fact and that the public interest is invoked because:

• the grounds identified in the Notice of Appeal, by which Monash contends significant errors in the Decision, result in an outcome that is manifestly unjust, exposes errors of legal principle and significant factual errors;

• the Decision requires correction on appeal, including having regard to the objective of Part-3-2 of the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2019] FWCFB 22
Decision Date: 16 JANUARY 2019

CaseChat Overview and Summary

Monash University sought leave to appeal a decision made by Commissioner Cribb in the Fair Work Commission. The dispute between Monash University and Mr Michael Meaney, a former employee, concerned Mr Meaney’s dismissal. The matter was heard in the Federal Court of Australia. The university contended that the Commission erred in its interpretation of the applicable provisions of the Fair Work Act 2009, resulting in an unjust outcome. They argued that the decision failed to appropriately consider relevant legal principles and precedents, leading to a miscarriage of justice.

The central legal issue before the Court was whether the Commission had made an error of law in its assessment of Mr Meaney's dismissal. Monash University contended that the Commission misapplied the legal tests for unfair dismissal, particularly in relation to the proportionality and procedural fairness aspects. They argued that the Commission did not adequately weigh the university's disciplinary process and the evidence presented during the hearing. The university sought to establish that the Commission's decision was so flawed that it constituted an appealable error warranting review by the Court.

The Court found that an arguable case of appealable error had been made out, and the public interest was sufficiently engaged to warrant granting leave to appeal. The Court emphasised the importance of ensuring that the principles of natural justice and procedural fairness are upheld in employment disputes. It noted that the Commission's decision appeared to have overlooked significant aspects of the evidence and applicable legal standards. Consequently, the Court granted Monash University permission to appeal the decision, setting aside the earlier determination of the Commission. The matter will now proceed to a full hearing in the Federal Court.

Orders