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[2024] FWC 2790
General information, not legal advice.
Fair Work Commission
2024-10-09
Original judgment source is linked above.
The Applicant, Mr Enrique Aquino, appeared for himself, assisted by his daughter, Ms Hazel Reindflesh, and his son-in-law, Mr Johnny Reindflesh.
Mr Ryan Solomon, Managing Director, Hypostyle Pty Ltd, and Ms Eleanora Solomon, appeared for the Respondent.
[1] See s.394 of the Fair Work Act 2009 (Act).
[3] Stogiannidis v Victorian Frozen Foods Distributors Pty Ltd [2018] FWCFB 901.
[7] Section 394(3)(a) of the Act.
[9] Stogiannidis v Victorian Frozen Foods Distributors Pty Ltd [2018] FWCFB 901, at [39]-[40].
[11] Shaw v ANZ Bank [2015] FWCFB 287, at [12].
[12] Section 394(3)(b) of the Act.
[13] Section 394(3)(c) of the Act.
[14] Section 394(3)(d) of the Act.
[15] Miller v DPV Health Ltd [2019] FWCFB 6890, at [21] (citing Ozsoy v Monstamac Industries Pty Ltd [2014] FWCFB 2149, at [38]).
[16] Section 394(3)(e) of the Act.
[19] Kornicki v Telstra-Network Technology Group Print PR3168, 22 July 1997 (Ross VP, Watson SDP, Gay C).
[20] See Letter from Mr William Kinsella dated "01/05/2024" (filed by the Respondent via email on 15 September 2024 (9:22pm)).
[21] Pitrau v Barrick Mining Services Pty Ltd [2012] FWA 8363; (2012) 255 IR 144, per McCarthy DP at 151-152, [37]; Perry v Rio Tinto Shipping [2016] FWCFB 6963, at [41].
[22] Noting the definition of "exceptional circumstances" set out in Nulty v Blue Star Group Pty Ltd [2011] FWAFB 975, at [13].
Printed by authority of the Commonwealth Government Printer
Mr Enrique Aquino
Hypostyle Pty Ltd [2024] FWC 2790
"Finally, to require that regard be had to a particular matter in making a discretionary judgment is not to require that that matter shall be allowed an actual influence upon the ultimate result. The matter is to be considered for such bearing as it may have upon the question to be decided, and it is to be allowed such weight (if any) as the tribunal thinks it ought to be given; but if the tribunal thinks it ought to have no weight, then no weight is required to be given to it: cf. Beresford v. Ward [1961] YR 632, at 634."[6] (my emphasis)
(1964) 38 ALJR 293
(1995) 67 IR 298
(2012) 255 IR 144