Where a Commissioner at first instance errs in characterising a determination as an interpretation rather than a variation of an award, the Industrial Appeal Court will dismiss the appeal under s 90(3a) of the Industrial Relations Act 1979 (WA) where the appellant cannot identify any injustice suffered as a result of the error, particularly where both parties put the merits in issue and the appellant declines to identify any submissions it was denied the opportunity to make.
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