Steven Ferreira v Spa Beauty & Wellness Pty Ltd
[2015] FWCFB 6934
•9 OCTOBER 2015
| [2015] FWCFB 6934 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.604 - Appeal of decisions
v
Spa Beauty & Wellness Pty Ltd
(C2015/5082)
VICE PRESIDENT WATSON | MELBOURNE, 9 OCTOBER 2015 |
Appeal against decision [[2015] FWC 4920] of Commissioner Ryan at Melbourne on 20 July 2015 in matter number U2015/5290 – Permission to appeal – Whether grounds of appeal attract the public interest – Permission to appeal not 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 30 September 2015. It concerns an application for permission to appeal against the decision of Commissioner Ryan of 20 July 2015. The decision of the Commissioner relates to an application for an extension of time to file an unfair dismissal application.
[2] In order to grant permission to appeal, we must be satisfied that it is in the public interest to grant that permission. The decision that Mr Ferreira seeks to appeal is a discretionary decision. It is made under subsection (3) of s.394 of the Fair Work Act 2009 (the Act). The decision of the Commissioner was that there were not exceptional circumstances having regard to the factors set out in subsection (3) to grant an extension of time.
[3] We are of the view that the Commissioner considered all the relevant circumstances and made a decision consistent with the discretion vested in him. We are not persuaded that any errors have been demonstrated or that there is any public interest in granting permission to appeal in this matter. Therefore the application for permission to appeal is dismissed.
VICE PRESIDENT
Appearances:
Mr S. Ferreira on his own behalf.
Ms K. Quinn for Spa Beauty & Wellness Pty Ltd.
Hearing details:
2015.
Melbourne.
30 September.
Final written submissions:
Mr S. Ferreira on 7 September 2015.
Spa Beauty & Wellness Pty Ltd on 25 September 2015.
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