Fair Work Commission|2018-09-27

For the reasons outlined above, I will exercise my discretion and order that Mr Welsh pay JFF for the costs incurred set out in Items [3]-[5](inclusive) and [7] in the Itemised Schedule of Costs in Section 4 of the Form F6, which I have allowed at $782.14. An order to this effect will be issued separately.

[2] Statutory Declaration of Shumsheer Singh Ghumman declared on 20 August 2018.

[4] Explanatory Memorandum to the Fair Work Amendment Bill 2012, page 7.

[11] Gugiatti v SolarisCare Foundation Ltd [2016] FWCFB 2478 at [61].

[13] Explanatory Memorandum to the Fair Work Amendment Bill 2012, page 7.

[20] See Kanan v Australian Postal and Telecommunications Union [1992] FCA 539; (1992) 43 IR 257, cited with approval in Church at [30].

[21] Heidt v Chrysler Australia Limited (1976) 26 FLR 257 at [272 - 273]; Geneff v Peterson (1986) 19 IR 40 at [87-88]; Hatchett v Bowater Tutt Industries Pty Ltd [1991] FCA 188; (1991) 28 FCR 324 at 327; Re Ross and others, Ex Parte Crozier [2001] FCA 1665; (2001) 111 IR 282 at [12]; Re Australian Education Union (NT Branch) (No.2) [2011] FCA 728 at [30]. Also see Wright v Australian Customs Service, PR926115, 23 December 2002 per Giudice J, Williams SDP and Foggo C and Church at [33].

[24] Ibid at [8], also see Baker v Salva Resources Pty Ltd [2011] FWAFB 4014 at [10]; and Metecno Pty Ltd T/A Bondor v Cameron [2014] FWCFB 2128 at [16].

[27] Ibid at [59]-[60] per Hayne, Crennan, Kiefel and Bell JJ.

Printed by authority of the Commonwealth Government Printer

Work Commission Rules 2013

Work Amendment Act 2012

Court of Australia Act 1976

Shaun Welsh v Just Fine Food T/A Vanilla Slice Pty [2018] FWC 6077 (27 September 2018)

Shaun Welsh v Just Fine Food T/A Vanilla Slice Pty [2018] FWC 6077

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Judgment (24 paragraphs)

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Legislation Cited (5)

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Shaun Welsh v Just Fine Food T/A Vanilla Slice Pty [2018] FWC 6077 (27 September 2018)