Vendrig v Ausgrid Pty Ltd

Case

[2021] FWCFB 370

27 JANUARY 2021


Details
AGLC Case Decision Date
Ms Manchula Vendrig v Ausgrid Pty Ltd [2021] FWCFB 370 [2021] FWCFB 370 27 JANUARY 2021

CaseChat Overview and Summary

Vendrig has appealed against a decision of the Full Bench of the Fair Work Commission, which refused an application for permission to appeal against an earlier decision of Deputy President Sams. The earlier decision had dismissed Vendrig's claim for payment of an allowance under an enterprise agreement. The appeal was heard by the Full Bench on 17 June 2021. The primary issue before the Full Bench was whether it should grant permission to appeal against the earlier decision of Deputy President Sams. Vendrig contended that the Deputy President erred by not considering the appropriate interpretation of the enterprise agreement and misapplying the principle of contra proferentem in construing the relevant clause. The Full Bench considered the appeal and concluded that it would not grant permission to appeal. The Full Bench was of the view that the Deputy President had given appropriate consideration to the enterprise agreement and its interpretation. The Full Bench found that the Deputy President had not erred in his interpretation of the relevant clause, and there was no basis for the Full Bench to interfere with the decision of the Deputy President. The appeal was dismissed.

No orders were made.
Details

Areas of Law

  • Employment & Labour Law

Legal Concepts

  • Appeal

  • Permission to Appeal

  • Enterprise Agreement