Rabel v Selmar Holdings Pty Ltd/Career Training Group Pty Ltd

(#P29_1510) See s.385(d) of the Act. For the meaning of "genuine redundancy", see s.389 of the Act.

(#P34_2303) [2014] FWC 5073 at [47] - [61].

(#P37_2679) Ibid at [82] - [86].

(#P46_3823) See Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47; (2000) 203 CLR 194 at 205.

(#P51_4533) Ibid at [21].

(#P56_5160) The way in which the public interest requirement in s.400(1) may be attracted has been described as follows in GlaxoSmithKline Australia Pty Ltd v Colin Makin [2010] FWAFB 5343 at [27]:

"...the public interest might be attracted where a matter raises issues of importance and general application, or where there is a diversity of decisions at first instance so that guidance from an appellate court is required, or where the decision at first instance manifests an injustice, or the result is counter intuitive or that the legal principles applied appear disharmonious when compared with other recent decisions dealing with similar matters."

(#P61_6286) See Re Australian Bank Employees Union; Ex parte Citicorp Australia Ltd [1989] HCA 41; (1989) 167 CLR 513 at 519 citing R v Commonwealth Conciliation and Arbitration Commission; Ex parte Angliss Group (1969) 122 CLR 546 at 522. See also Coal & Allied Mining Services Pty Ltd v Lawler [2011] FCAFC 54; (2011) 192 FCR 78 at 83 [25].

(#P62_6727) Re Australian Bank Employees Union; Ex parte Citicorp Australia Ltd, above n8 at 519.

(#P67_7388) See Transcript of proceedings before Commissioner Ryan, 5 June 2014 at PN7.

(#P68_7677) See s.389 of the Act.

(#P71_7909) See Transcript, above n10, at PN28.

(#P72_8130) See Transcript, above n10, at PN378 - 443.

(#P81_10329) Downes & Anor v Maxwell Richard Phys & Co Pty Ltd (in liq) [2014] VSCA 193 at [101].