Mrs Jeanette McKinnon v Eventide Homes (Stawell) Inc
[2013] FWCFB 8123
•16 OCTOBER 2013
[2013] FWCFB 8123 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.604 - Appeal of decisions
v
Eventide Homes (Stawell) Inc.
(C2013/5823)
VICE PRESIDENT WATSON | MELBOURNE, 16 OCTOBER 2013 |
DEPUTY PRESIDENT GOSTENCNIK | |
COMMISSIONER RYAN |
Appeal against decision [[2013 FWC 5273]] of Commissioner Bissett at Melbourne on 8 August 2013 in matter number U2013/6757 - permission to appeal - public interest - binding agreement made at conciliation - Fair Work Act ss 400, 604.
[1] This decision, given in transcript, concerns an appeal made by Mrs Jeannette McKinnon against a decision 1 of Commissioner Bissett. The appeal was heard in Melbourne on 16 October 2013. Mrs McKinnon appeared on her own behalf, and Mr D. Proietto was granted permission to appear on behalf of the respondent.
[2] The application for permission to appeal relates to a finding by the Commissioner at first instance that a binding agreement was reached between the parties at a telephone conciliation for the settlement of this matter, and that therefore the application has no reasonable prospects of success. Mrs McKinnon’s application was dismissed by Commissioner Bissett on this basis.
[3] The grounds of appeal challenge the finding made by the Commissioner and allege that the facts are distinguishable from cases relied on by the Commissioner. The key cases applied by the Commissioner were Masters v Cameron 2and Australian Postal Corporation v Gorman3 and the application of these principles in the Full Bench decision of Zoiti-Licastro v Australian Taxation Office4.
[4] We are satisfied that these authorities were properly applied by the Commissioner.
[5] We are not persuaded that any of the findings of fact made by Commissioner Bissett are erroneous. We do not accept that the Commissioner acted in a biased or inappropriate manner in hearing and determining this matter.
[6] We are therefore not of the view that it is in the public interest to grant permission to appeal. Nor do we consider that there is any other reason for permission to appeal to be granted, if such grounds are available. We dismiss the application for permission to appeal.
VICE PRESIDENT WATSON
Appearances:
Mrs J McKinnon, appearing on her own behalf.
Mr D. Proietto, solicitor for the Eventide Homes (Stawell) Inc.
Hearing details:
2013.
Melbourne.
October 16.
1 [2013] FWC 5273
2 (1954) 91 CLR 353
3 [2001] FCA 975.
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