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Appeal obstacles in the Fair Work Commission

The Fair Work Act contains a number of significant provisions which make it difficult to appeal  a Fair Work Commission decision (in addition to the ridiculous and stupid rules designed to discourage professional and legally trained practitioners from being involved in cases where they are wanted by their clients as a political reward by the Rudd and Gillard governments to protect the influence of trade unions and cuddle up to the IR club).

Appeal made under s.400 and s.604 FWA.

What are the hurdles required to be jumped for an appeal?

“In arriving at our decision we have considered the following factors:

(a) whether there is a diversity of decisions at first instance so that guidance from an appellate body is required; or

(b) whether the appeal raises issues of importance or general application; or

(c) whether the Decision manifests an injustice, or the result is counter intuitive; or

(d) whether the legal principles applied by the Commissioner were disharmonious when compared with other decisions dealing with similar matters.

We are not persuaded that these factors are established either in their own right or when considered in combination. We have also considered whether the appeal raises other factors beyond those stated above that could be said to enliven the public interest. None were put to us by the Appellant and we find no others.

It follows that it is not in the public interest to grant permission to appeal. Permission is denied. The stay order of 20 November 2017 is set aside. Consequently, the compensation order made by the Commissioner operates. Consistent with the terms of the stay order, the interest earned on monies that had been placed into a separate account is to be applied in whole for the beneficial use of the Respondent to this appeal.”

Go To Court Franchising Pty Ltd T/A Go To Court Lawyers v Lewis (2017) FWCFB 6330 delivered 6 December 2017 per Gooley DP, Anderson DP and Booth C

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