Azizi and Secretary, Department of Employment

This matter concerned an application for review of a decision by the Secretary of the Department of Employment that Mr Bukurim Azizi was not eligible for an advance under the Fair Entitlements Guarantee Act 2012 (Cth). Mr Azizi's employment with Gelpack Enterprises Pty Ltd was terminated on 5 June 2014, and he lodged a claim form for financial assistance on 23 June 2014. The claim form required certified documentary evidence of citizenship for Australian citizens, but Mr Azizi provided uncertified copies of his citizenship certificate and passport identification page.

The primary legal issues before the Administrative Appeals Tribunal were whether the documents provided by Mr Azizi satisfied the Secretary's requirements for an "effective claim" under the Act, and whether these documents needed to be provided within the prescribed period for making a claim. The Tribunal was required to interpret section 14 of the Fair Entitlements Guarantee Act 2012 (Cth), which sets out the conditions for making an effective claim.

The Tribunal applied principles of statutory interpretation, emphasising the paramount importance of the statutory text and its ordinary and grammatical sense, read in context and having regard to the legislative purpose. It considered the Explanatory Memorandum and Second Reading Speech for the Act, which indicated that eligibility was limited to individuals who lodged a claim in accordance with section 14. Drawing on previous Tribunal decisions, particularly *Re Paraponiaris and Secretary, Department of Employment*, the Tribunal concluded that an effective claim must be made within the prescribed time, in the prescribed form, and be accompanied by the prescribed documents. The Tribunal found no express or implied power to depart from these requirements or extend the time limit.

The Tribunal affirmed the Secretary's decision, finding that Mr Azizi's claim was not an "effective claim" because the documentary evidence provided was not certified as required by the Act and the claim form. Consequently, Mr Azizi was not eligible for an advance under the Fair Entitlements Guarantee Act 2012 (Cth).