Cheryl Robyn Weeks v Commissioner of Taxation

[2013] HCASL 102

CHERYL ROBYN WEEKS

v

COMMISSIONER OF TAXATION & ANOR

[2013] HCASL 102
B15/2013

1. The applicant seeks special leave to appeal against orders of the Full Court of the Federal Court of Australia (Dowsett, Besanko and Robertson JJ) dismissing the applicant's appeal against orders of the Federal Magistrates Court.  By those orders, the Federal Magistrate (Burnett FM) dismissed the applicant's claim brought under the Fair Work Act 2009 (Cth) against the Commissioner of Taxation and the Commonwealth.

2. The applicant had been employed in the Australian Taxation Office. Her employment was terminated following a negotiated redundancy. She alleged that, in the course of the process leading to her being made redundant, the Commissioner and the Commonwealth had contravened one or more terms of an enterprise agreement and thus had contravened s 50 and other provisions of the Fair Work Act.

3. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2001.

4. We see no reason to doubt the correctness of the conclusions reached by the Full Court.  An appeal to this Court would not enjoy sufficient prospects of success to warrant a grant of special leave.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
26 June 2013 S.M. Crennan