Alana Bellette v Roaring Grill

[2025] FWC 598

[2025] FWC 598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.789GV - Application to deal with a dispute under Part 6-4C

Alana Bellette
v

Roaring Grill

(C2025/857)

COMMISSIONER P RYAN SYDNEY, 27 FEBRUARY 2025

Application to deal with a dispute in relation to JobKeeper - application dismissed.

1. On 5 February 2025, Ms Alana Bellette applied under s.789GV of the Fair Work Act 2009 (FW Act) for the Fair Work Commission (Commission) to deal with a dispute about the operation of Part 6-4C of the FW Act. The Respondent is Roaring Grill, the Applicant’s former employer.

1. In answer to Question 2.3 of the Form F13A, which asks the Applicant to set out what the dispute is about, Ms Bellette stated the following:

“1.      The employer stated/filed that I (employee) was getting JobSeeker payments.  I was only getting part of the payment sent to my bank account.

2.        I was then taxed for all the JobSeeker money that I had not received.

3.        Allegedly the employer was using the remainder of my JobSeeker money to pay wages.”

1. In answer to Question 3.1 of the Form F13A, which asks the Applicant to set out the remedy they are seeking, Mr Price stated the following:

“Another employee (previous) filed with Fair Work and they received the money they were owed from the employer. That's how I would like this resolved.”

1. On 29 March 2021, most of the JobKeeper provisions in the FW Act were repealed. Since 29 March 2021, the Commission only can only deal with disputes arising under the provisions of Part 6-4C that continue to operate: ss 789GR and 789GS.

1. Section 789GR of the FW Act provides that if an employee is subject to a JobKeeper enabling direction for a period, that period counts as service. Section 789GS deals with how an employee accrues leave entitlements, and how redundancy pay and payment instead of notice of termination of employment is calculated, where a JobKeeper enabling direction or agreement applies to the employee.

1. On 7 February 2025, the matter was allocated to my chambers.

1. On 14 February 2025, Ms Bellette confirmed that her employment with the Respondent ended in December 2021.

1. On 17 February 2025, my chambers sent correspondence to Ms Bellette to advise, among other things, that the Commission lacks jurisdiction to deal with the matter. Ms Bellette was invited to discontinue the application. Ms Bellette did not respond to that correspondence or discontinue the application.

1. On 19 February 2025, the Applicant failed to attend a Mention/Directions hearing. My Associate’s attempts to contact Ms Bellette by telephone were unsuccessful. To date, Ms Bellette has not contacted the Commission.

1. For the reasons that follow, I have decided to dismiss the application.

1. Section 789GV(3) of the FW Act states that the Commission may deal with a dispute only on application by an employee, an employer, an employee organisation or an employer organisation. “Employee” in s.789GV(3) means a national system employee. The Applicant was not an employee of the Respondent at the time she made the application. Therefore, the Applicant does not have standing to apply to the Commission to deal with a dispute under s.789GV.

1. Furthermore, the dispute described in the application does not concern ss.789GR or 789GS. Rather, the application appears to concern allegations of underpayment which are beyond the jurisdiction of the Commission.

1. Accordingly, the application is dismissed. An Order to that effect will be issued with this decision.

COMMISSIONER

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