Crisafio v Cornerstone Holdings Pty Ltd

[2016] FWC 1424

[2016] FWC 1424

DECISION

Fair Work Act 2009

s.365—General protections

Mary Crisafio

v

Cornerstone Holdings Pty Ltd T/A Cornerstone Cartage Contractors

(C2015/8307)

DEPUTY PRESIDENT LAWRENCE	SYDNEY, 3 MARCH 2016
Application to deal with contraventions involving dismissal.

[1] An application pursuant to s.365 of the Fair Work Act 2009 (the Act) was made by

Ms Mary Crisafio (the Applicant) alleging she was dismissed by Cornerstone Holdings Pty

Ltd T/A Cornerstone Cartage Contractors (the Respondent) in contravention of Part 3-1 of the

Act.

[2]        On 2 March 2016, I issued a certificate pursuant to s.368 of the Act certifying that the

Fair Work Commission (the Commission) is satisfied that all reasonable attempts to resolve

the dispute have been, or are likely to be, unsuccessful.

[3]        I am now aware that the Respondent alleges that the application was not lodged within

21 days after the dismissal took effect.

[4] Before it deals with a dispute lodged pursuant to s.365 of the Act the Commission

must be satisfied that it has been lodged in time or allow a further period pursuant to s.366(2).

[5]        It is appropriate, in the interest of fairness and efficiency, to revoke the certificate to

allow the issues pursuant to s.366 of the Act to be determined.

[6]        Accordingly, pursuant to s.603 of the Act, I hereby revoke, on my own initiative, the

certificate, pursuant to s.368 of the Act, issued on 2 March 2016.

[7]        The matter will now be programmed as part of the jurisdictional roster.

[2016] FWC 1424

DEPUTY PRESIDENT

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