Aleesha Lawrence v Bare Skin & Beauty

[2021] FWC 2062

[2021] FWC 2062

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal

Aleesha Lawrence
v
Bare Skin & Beauty
(C2021/941)

DEPUTY PRESIDENT LAKE BRISBANE, 15 APRIL 2021

Application to deal with contravention involving dismissal – permission to appear under s. 596 refused – application to amend an application from s.365 to s.773 under s.586 – amendment granted – determination of whether the application made outside of statutory timeframe – application filed in time

[1] On 22 February 2021, Ms Aleesha Lawrence (the Applicant) lodged an application with the Fair Work Commission (the Commission) pursuant to s.365 of the Fair Work Act 2009 (the Act) for the Commission to deal with a general protections dispute in relation to her dismissal by Bare Skin & Beauty (the Respondent).

[2] Further to my ex tempore decision recorded in the transcript of 12 April 2021, I have summarised my findings as follows.

[3] The Applicant sought permission to be represented by a lawyer in this matter. Pursuant to s.596(2) of the Act, I determined to refuse that request. 1

[4] I am satisfied that, pursuant to s.586, it is appropriate to amend the application from an application make under s.365 to an application made under s.773, pursuant to s.586 of the Act.

[5] Given the construction of the Acts Interpretation Act 1901 (Cth), I was satisfied that the Applicant filed the application within time.

[6] I proceeded to conduct the conference pursuant to s.776 of the Act. The matter did not resolve.

[7] I am satisfied that all reasonable attempts to resolve the dispute have been unsuccessful.

[8] Accordingly I issued a certificate pursuant to s.776(3) of the Act. The matter is now closed. I order accordingly.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR728649>

 1   Wellparks Holdings Pty Ltd t/as ERGT Australia v Mr Kevin Govender [2021] FWCFC 268.