Australian Concert and Entertainment Security Pty Ltd Trading as ACES Group v Michael Alkan

In the Federal Circuit Court, Australian Concert and Entertainment Security Pty Ltd, trading as ACES Group, sought an order against Michael Alkan to stop his conduct towards them, which they alleged constituted bullying under the Fair Work Act 2009. The respondent raised a jurisdictional objection, contending that the Commission lacked the authority to hear the application because it had been made more than six months after the alleged conduct occurred. The applicant argued that the six-month period should be extended due to exceptional circumstances.

The court examined whether the six-month period for bringing an application to the Commission could be extended. The court considered the Commission's power under section 659B of the Fair Work Act to extend the time for making an application if it was satisfied that exceptional circumstances existed. The court also considered the relevant case law, including the decision in Re Australian Building and Construction Employees and Builders Labourers Federation. The court concluded that while the six-month period could be extended due to exceptional circumstances, the applicant had not provided sufficient evidence to satisfy the court that such circumstances existed in this case.

The court dismissed the application, finding that the applicant had not satisfied the threshold requirement of establishing exceptional circumstances that would justify extending the six-month period. The court held that the application was outside the Commission's jurisdiction and therefore could not be heard. The court did not make any orders as the application was dismissed for jurisdictional reasons.