CASE PROCEDURES – referral to Full Bench – ss.394, 615, 615A Fair Work Act 2009 – application for direction pursuant to s.615 of FW Act that a matter be referred to a Full Bench – referral application related to unfair dismissal application lodged by applicant – facts of alleged dismissal in dispute – respondent raised jurisdictional objection – applicant sought direction that a Full Bench hear respondent’s jurisdictional objection – under s.615A necessary for President to consider whether in the public interest to refer matter to Full Bench – expression ‘in the public interest’ imports a discretionary value judgment to be made by reference to undefined factual matters and confined only by subject matter, scope and purpose of relevant statute [O’Sullivan v Farrer in Collinsville Coal Operations P/L] – Commission found three matters tended against granting the referral – first, efficiency favoured determination of disputed facts relevant to the jurisdictional objection by a single Member at first instance – second, as application only related to jurisdictional objection, if objection dismissed, merits would then be referred to a single member for determination – likely to lead to delay and further costs to parties – third, not a case where there were inconsistent first instance or Full Bench decisions regarding central issue in dispute – President found on balance not in the public interest to make referral – in relation to applicant’s alternative application under s.615A, President not persuaded that it was appropriate to refer jurisdictional objection to a Full Bench – applications dismissed. Khayam v Navitas English P/L t/a Navitas English
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