Vickery v Encompass Books [2013] FWC 6424

(#P32_1712) This included granting a request for an extension to Encompass Books to file materials in light of the late receipt of some of the applicant's materials.

(#P43_3470) S.3 and s.381 of the Act.

(#P44_3557) Including Part 5-1, Division 3 of the Act.

(#P147_9200) A small business employer was defined as having less than 15 employees at the relevant time.

(#P148_9417) Established by s.388 of the Act.

(#P164_11593) Attachment LV5 to exhibit A1.

(#P199_14722) Attachment LV6 to exhibit A1.

(#P202_14903) See MM Cables (A Division of Metal Manufacturers Limited) v Zammit AIRC Print S8106 and Walton v Mermaid Dry Cleaners Pty Ltd (1996) 142 ALR 681, 685.

(#P203_15116) Rode v Burwood Mitsubishi AIRC Print R4471 and Miller v University of New South Wales [2003] FCAFC 180; (2003) 132 FCR 147 at par [13].

(#P212_15965) See Trimatic Management Services Pty Ltd v Daniel Bowley [2013] FWCFB 5160.

(#P288_21530) Note: the subsection 392(5) amount was indexed to $61,650 from 1 July 2012 - as was relevant given the timing of this application.

(#P308_23166) Smith and Others v Moore Paragon Australia Ltd (2004) AIRC Print PR942856.

(#P347_26329) See the discussion of contingencies in Bowden v Ottrey Hones Cobram and Districts Retirement Villages Inc. T/A Ottrey Lodge [2013] FWCFB 431, 4 February 2013 per Acton SDP, Smith DP and Ryan C at par [52]; Ellawala v Australian Postal Corporation AIRC Print S5109, 17 April 2000 per Ross VP, Williams SDP and Gay C and in Enhance Systems Pty Ltd v James Cox AIRC Print PR910779, 31 October 2001 per Williams SDP, Acton SDP and Gay C.

(#P356_27276) The maximum compensation limit in this case would be $27,500.

(#P357_27458) Smith and Others v Moore Paragon Australia Ltd (2004) AIRC Print PR942856 at par [32].

(#P370_28163) PR541595.

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