GENERAL PROTECTIONS – extension of time – ss.365, 366, 604 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance appellant’s general protections application dismissed – application was lodged 136 days out of permitted timeframe – grounds of appeal advanced by appellant included that Commission made an error of law; failed to consider all extenuating circumstances concerning late application; respondent did not comply with directions and significant errors of fact and law – appellant further submitted that Commission failed to adequately appreciate the extenuating circumstances of the case – public interest must be enlivened in order for Commission to grant permission to appeal – GlaxoSmithKline considered – must be arguable case of appealable error – Full Bench of view that Commission correctly considered reason for delay – onus is on applicant to prove credible reasons for delay – applicant did not do so in this case – events relied on to establish exceptional circumstances took place outside timeframe for lodging application – Commission also considered applicant’s extenuating circumstances – Full Bench agreed with Commission that applicant able to lodge application notwithstanding such – no error of fact or law – no manifestation of injustice – public interest not enlivened – permission to appeal refused. Appeal by Sivaram against decision of Lawrence DP of 6 April 2016 [[2016] FWC 2154] Re: Caddy Van Storage Systems (VIC) P/L t/a Caddy Storage Systems
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