Robyn Faulkner v Laura Ashley Australia Pty Ltd
[2015] FWCFB 352
•15 JANUARY 2015
| [2015] FWCFB 352 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.604 - Appeal of decisions
v
Laura Ashley Australia Pty Ltd
(C2014/7469)
VICE PRESIDENT WATSON | BRISBANE, 15 JANUARY 2015 |
Appeal against decision [2014] FWC 6597 of Deputy President McCarthy at Perth on 7 October 2014 in matter number U2014/11112 - Extension of time to file unfair dismissal application - No exceptional circumstances found - Permission not granted - Application dismissed - 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 12 December 2014. It concerns an application for permission to appeal against the decision of Deputy President McCarthy of 7 October 2014 in relation to an application for an extension of time to file an unfair dismissal application.
[2] The application for an extension of time was made under subsection 3 of s.394 of the Fair Work Act 2009 (the Act). It required the Commission to consider whether there were exceptional circumstances justifying the extension, taking into account a number of factors which are set out in that subsection. The Deputy President was not satisfied that exceptional circumstances existed in the circumstances of this matter.
[3] Permission to appeal can only be granted if we are satisfied that it is in the public interest to grant permission: s.400(1) of the Act. We have considered the submissions of the parties and we are not of the view that the application for permission to appeal should be granted. We are not of the view that the appeal raises matters going to the public interest that justify permission to appeal being granted. In our view, the application dealt with by the Deputy President was a routine matter. The decision makes clear that the relevant factors were addressed and the conclusion he reached was clearly open to him in the circumstances of this matter.
[4] As we are not of the view that any of the matters raised in the appeal attract the public interest we must decline permission to appeal. The application for permission to appeal is dismissed.
VICE PRESIDENT WATSON
Appearances:
Ms R. Faulkner on her own behalf.
Ms F. Behrens for Laura Ashley Australia Pty Ltd.
Hearing details:
2014.
12 December.
Perth - Video Link to Melbourne.
Final written submissions:
Ms Faulkner on 18 November 2014.
Laura Ashley Australia Pty Ltd on 9 December 2014.
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