CASE PROCEDURES – appeals – extension of time – s.604 Fair Work Act 2009 – Full Bench – Commission at first instance found that applicant and applicant’s representative (appellant) had omitted to produce critical information and determined 50% liability for costs of respondent from 25 August to 8 September 2016 – Decision issued on 25 November 2016 and Order on 27 January 2017 – appeal against Decision and Order lodged on 17 February 2017 – appeal against Order lodged within time – extension of time sought to appeal against Decision – rule 56(2) of Fair Work Rules 2013 governs extensions of time for appeals – principles in Jobs Australia v Eland considered – Full Bench held that appellant was aware of amount of costs claimed – held that explanation for delay not satisfactory – not satisfied that that any matters raised by appellant justify the grant of permission to appeal or raises any public interest considerations – application for extension of time to lodge appeal against Decision dismissed – appeal against Order – Full Bench only considered whether appellant denied procedural fairness by not being provided with revised schedule of costs and not afforded an opportunity to make submissions about appropriateness of order to be made – Full Bench held revised schedule central to Commission’s determination on costs and opportunity to comment on revised schedule not provided to appellant – satisfied Commission erred in failing to ensure appellant was provided with all necessary documentation – satisfied Commission erred in failing to provide appellant an opportunity to be heard regarding revised schedule – permission to appeal granted – appeal against Order upheld – Order quashed – matter referred back to Commission for determination. Appeal by Just Relations – Consultants against decision of Bissett C of 25 November 2016 [[2016] FWC 8491] and order of 27 January 2017 [PR589765] Re: Ecolab P/L

To read the full content…SUBSCRIBE NOW

Existing Subscribers Login Below:

Log In