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NCAT Appeal Panel | 2014-04-09
Tenants were terminated for non-payment of rent following an uncontested hearing where the landlord's agent gave evidence and the Member recorded findings in hearing notes. The tenants sought leave to internally appeal under s 80(2)(b) but did not raise any question of law; therefore leave required. Clause 12 Schedule 4 requires showing the appellant 'may have suffered a substantial miscarriage of justice' because the decision was unfair, against the weight of evidence, or there is significant new evidence. The tenants relied on phone logs and asserted contact and willingness to pay. The Appeal Panel found the record disclosed arrears and necessary findings, the phone logs were not fresh or persuasive, and there was no denial of procedural fairness. Leave was refused, the appeal dismissed, and the stay of the original orders lifted.
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The Fair Work Commission approved an enterprise agreement for Dana Australia Pty Ltd. The Australian Manufacturing Workers' Union was covered by the agreement after giving proper notice. The agreement originally allowed for trainees but didn't include their pay rates, so the company promised not to hire trainees under this agreement. This promise (undertaking) fixed the problem, and the agreement was approved to start on 6 June 2025 and end on 30 May 2028.