Emma Murray v Complete Step

[2024] FWC 1161

[2024] FWC 1161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.372—General protections

Emma Murray
v

Complete Step

(C2023/7820)

DEPUTY PRESIDENT CLANCY MELBOURNE, 3 MAY 2024

Application to deal with other contraventions dispute – irregularity waived – application to deal with contraventions involving dismissal.

1. The following summarises a decision given on transcript earlier today.

1. On 13 December 2023, Ms Emma Murray, made an application under s.372 of the Fair Work Act 2009 (Act) by filing a Form F8C application form (Form F8C) for the Commission to deal with general protections dispute not involving dismissal. Amongst other matters outlined in the Form F8C, Ms Murray alleged her employment was terminated on 27 November 2023 after she had made an inquiry in relation to her rate of pay. There was a further reference in the Form F8C to Ms Murray having been “involuntarily terminated”.

1. Section 586 of the Act sets out the following:

Section 586     Correcting and amending applications and documents etc.

586     The FWC may:

(a) allow a correction or amendment of any application, or other document relating to a matter before the FWC, on any terms that it considers appropriate; or

(b) waive an irregularity in the form or manner in which an application is made to the FWC.

1. On 12 February 2024, Ms Murray applied to amend her general protections application dispute application under s.372 to one involving dismissal under s.365 and, in doing so, filed a Form F8.

1. The references in the Form F8C outlined in [1] above satisfied me that Ms Murray intended to complain about a dismissal and sought to make application under s.365 of the Act. I was satisfied, having had regard to the decision of the Full Bench in Liam Hambridge v Spotless Facilities Services Pty Ltd[1] that the irregularity in the form in which the application was made should be waived and that it was appropriate to do so.  Pursuant to s.586 of the Act the application was amended to one involving dismissal under s.365. The amended application is taken to have been made on the same day Ms Murray erroneously lodged the Form F8C application (i.e. 13 December 2023).

1. With the Respondent having previously filed a Form F8A – Response to general protections application form on 28 December 2023 and now raising a jurisdictional objection that Ms Murray was not dismissed, the amended application under s.365 of the Act is to be allocated to another Member of the Commission and dealt with accordingly.

DEPUTY PRESIDENT

Appearances:

E. Murray, Applicant.
G. Murley, on behalf of the Respondent.

Hearing details:

Melbourne.
3 May:
2024.

[1] [2017] FWCFB 2811.

Printed by authority of the Commonwealth Government Printer

<PR774510>