Dianne Ferrara v Melbourne Archdiocese Catholic Schools Ltd

[2025] FWC 2710

[2025] FWC 2710

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.365—General protections

Dianne Ferrara
v

Melbourne Archdiocese Catholic Schools Ltd

(C2025/5892)

COMMISSIONER MIRABELLA MELBOURNE, 11 SEPTEMBER 2025

Application to deal with contraventions involving dismissal – Jurisdictional objection – Not dismissed

1. For the reasons given on transcript earlier today, I found that the Applicant was not an employee of the Respondent, and it follows that she was not dismissed within the meaning of s.386(1). 

1. As Ms Ferrara has not been “dismissed”, a jurisdictional prerequisite required for a general protections application under s.365 of the Act, the Commission is not able to proceed further with the application or exercise any powers conferred by s.369. The jurisdictional objection is upheld and the application is dismissed.

COMMISSIONER

Appearances:

Ms D. Ferrara, the Applicant

Mr P. Diluvio, Employee Relations Manager, representing the Respondent

Hearing details:

2025
11 September
Via Microsoft Teams Video

Printed by authority of the Commonwealth Government Printer

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