Alixandra Jane Scolari v Stewart Vidler- Executive Principal, Coonamble High School
[2022] FWC 2825
•21 OCTOBER 2022
| [2022] FWC 2825 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Alixandra Jane Scolari
v
Stewart Vidler- Executive Principal, Coonamble High School
(U2022/9680)
| COMMISSIONER BISSETT | MELBOURNE, 21 OCTOBER 2022 |
Application for relief from unfair dismissal- national system employer – dismissal under s.587 at the Commission’s initiative.
On 29 September 2022 Ms Alixandra Jane Scolari made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).
On 3 October 2022 the Commission attempted to contact Ms Scolari via her nominated telephone number to discuss her application. Ms Scolari did not answer the call. A voicemail message was left advising Ms Scolari that Coonamble High School did not appear to be a national system employer and that she may be ineligible to make an application for unfair dismissal remedy. The Commission also recommended that Ms Scolari contact the Industrial Relations Commission of New South Wales for further advice.
Later that day, the Commission emailed correspondence to Ms Scolari’s nominated email address advising that based on the information contained in the application, Coonamble High School may not be a national system employer and to urgently seek further advice on this issue, as the Commission may not have jurisdiction to deal with her application. The correspondence also required Ms Scolari to advise the Commission within 14 days whether she wished to proceed with her application and warned that the application may be dismissed if no response was received.
On 5 October 2022 Ms Scolari contacted the Commission and was advised that Coonamble High School may not be a national system employer and therefore may not fall within the Commission’s jurisdiction. Ms Scolari was provided with contact details for the Industrial Relations Commission of New South Wales. Ms Scolari confirmed that she would contact them and notify the Commission about whether she would continue with her application.
As Ms Scolari did not advise the Commission as required, on 17 October 2022 the Commission attempted to contact Ms Scolari on her nominated telephone number. Ms Scolari did not answer the call. A voicemail message was left requesting that Ms Scolari advise the Commission about whether she wanted to continue with her application and that the application may be dismissed if no response was received by the end of the day.
To date, Ms Scolari has not provided any further information.
Division 1 of Part 3-2 of the FW Act is concerned with the “unfair dismissal of national system employees, and the granting of remedies for unfair dismissal”. Further, s.380 of the FW Act provides that, under this Part, an “employee means a national system employee, and employer means a national system employer”. Ms Scolari and Stewart Vidler- Executive Principal, Coonamble High School do not respectively fall within the scope of this definition.
Section 587(1) of the FW Act provides as follows:
587 Dismissing applications
(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:
(a) the application is not made in accordance with this Act; or
(b) the application is frivolous or vexatious; or
(c) the application has no reasonable prospect of success.
In this circumstance, I am satisfied that the Commission has no jurisdiction to determine Ms Scolari’s application for unfair dismissal as her employment was not with a national system employer and therefore, application was not made in accordance with the FW Act.,
The application is dismissed under s.587(1)(c) of the FW Act. An order[1] giving effect to this decision will be issued shortly.
COMMISSIONER
[1] PR747057
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