Gomes v OE & DR Pope Pty Ltd [2014] FWC 8342

(#P145_15501) A skilled machine operator in the extrusion section of the Woodville plant.

(#P150_16347) Based upon Randstad invoicing.

(#P163_18653) There was some indication that an additional qualification was required - evidence of Mr Doak. However, there was no requirement of that sort as part of an advertisement recently placed for a position in the stores (Transcript PN1866).

(#P204_22978) Selvachandran v Peterson Plastics Pty Ltd (1995) 62 IR 371 as cited in Potter v WorkCover Corporation, (2004) 133 IR 458 per Ross VP, Williams SDP, Foggo C and endorsed by the Full Bench in Industrial Automation Group Pty Ltd T/A Industrial Automation [2010] FWAFB 8868, 2 December 2010 per Kaufman SDP, Richards SDP and Hampton C at par [36].

(#P207_23658) See s.119 of the Act and Whittaker v Unisys Australia Pty Limited [2010] VSC 9.

(#P214_24577) Chubb Security Australia Pty Ltd v Thomas, 2 February 2000, Print S2679 at [41].

(#P215_24709) Crozier v Palazzo Corporation Pty Ltd (2000) 98 IR 137 at [73].

(#P236_26384) Transcript PN2011.

(#P243_26717) See UES (Int'l) Pty Ltd v Harvey [2012] FWAFB 5241 at [47] in relation to the relevance of a "valid" reason that does not fit within the scope of s.387(a) of the Act.

(#P250_28409) I note that although Kaufman SDP dissented from the majority on certain matters, he agreed at [67] with their approach on the capacity to have regard to the redundancy as a sound reason for dismissal under s.387(h).

(#P255_28888) [2011] FWA 4239.

(#P268_32017) See Ventyx Pty Ltd v Murray [2014] FWCFB 2143.

(#P273_32455) Relying upon Suridge v Boral Window Systems Pty Ltd [2013] FWA 3126.

(#P276_33633) Although set out in the context of s.392 of the Act, the observations of the Full Bench in Technical and Further Education Commission T/A TAFE NSW v Pykett [2014] FWCFB 714 at [35] are apposite.

(#P400_45683) Ibid at [48] to [53] and Anthony Smith v Sinclair (1996) 67 IR 240.

(#P409_46631) Kenley v JB Hi Fi AIRCFB, 22 June 2000, Print S7235 at [36]; Coal & Allied Mining Services Pty Ltd v Lawler [2011] FCAFC 54 and Lindsay Douglas Lawrence v Coal & Allied Mining Services Pty Ltd T/A Mt Thorley Operations/Warkworth [2010] FWAFB 10089.

(#P410_46983) Holcim (Australia) Pty Ltd v Mr Raimond Serafini [2011] FWAFB 7794.

(#P429_49282) PR559429.

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