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[2024] FWC 1687
General information, not legal advice.
Fair Work Commission
2024-06-27
Original judgment source is linked above.
The Applicant (Mr Robert Csontos) appeared for himself.
Ms Nina Hoang, Senior Associate, FCW Lawyers, appeared with permission for the Respondent (Kewarra Lifestyles Pty Ltd).
[1] See ss.366(1)(b) and (2) of the Fair Work Act 2009 (Act).
[2] See transcript for decision on "permission" being granted for the Respondent to be legally represented generally in this matter (including at the hearing on 26 June 2024) pursuant to s.596 of the Fair Work Act 2009.
[3] Lombardo v Commonwealth of Australia as represented by the Department of Education, Employment and Workplace Relations [2014] FWCFB 2288, at [21].
[7] Ibid, at [17], [19], [38]-[39].
[10] Section 366(2)(a) of the Act.
[12] Stogiannidis v Victorian Frozen Foods Distributors Pty Ltd [2018] FWCFB 901, at [39]-[40].
[14] Shaw v ANZ Bank [2015] FWCFB 287, at [12].
[15] See also email from the Applicant to Ms Nina Hoang and GPT dated 22 May 2024 (7:50pm), Paragraph "A".
[16] Medical Certificate dated 24 April 2024 from Dr Gagandeep Rajpal, Harmony Family Medical Centre, and Work Capacity Certificate dated 4 June 2024.
[17] No evidence supplied in support of this contention.
[18] Respondent's Written Submissions (21 June 2024), footnotes omitted.
[19] Section 366(2)(b) of the Act.
[20] See email to/from Ms Georgia Jongebloed dated 21 March 2024.
[21] Section 366(2)(c) of the Act.
[22] Miller v DPV Health Ltd [2019] FWCFB 6890, at [21] (citing Ozsoy v Monstamac Industries Pty Ltd [2014] FWCFB 2149, at [38]).
[23] Section 366(2)(d) of the Act.
[26] Kornicki v Telstra-Network Technology Group Print PR3168, 22 July 1997 (Ross VP, Watson SDP, Gay C).
[27] See Applicant's materials filed by email on 22 and 23 May 2024, and 5 June 2024, and Form F8, at Items 2.2 and 3.1.
[28] See Form F8A employer response (filed 22 May 2024), at Items 2.1 and 3.1, and the Respondent's Written Submissions (dated 21 June 2024), at [21]-[24].
[31] Byron Stephen Gill v IFM Services Pty Ltd [2021] FWC 5962, at [33].
[32] Section 366(2)(e) of the Act.
[33] 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].
[34] See Stogiannidis v Victorian Frozen Food Distributors Pty Ltd T/A Richmond Oysters [2018] FWCFB 901.
[35] [2011] FWAFB 975, at [13].
Printed by authority of the Commonwealth Government Printer
Robert Csontos
Kewarra Lifestyles Pty Ltd [2024] FWC 1687
"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."[9]
(1964) 38 ALJR 293
(1995) 67 IR 298
(2012) 255 IR 144