Gregory Freeman Freeman v Commonwealth of Australia as represented by Services Australia

[2025] FWC 497

[2025] FWC 497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Gregory Freeman Freeman
v

Commonwealth of Australia as represented by Services Australia

(U2025/532)

COMMISSIONER CONNOLLY MELBOURNE, 20 FEBRUARY 2025

Application for an unfair dismissal remedy – request for application to be dismissed – application dismissed per s.587.

1. On 15 January 2025, Gregory Freeman Freeman (the Applicant) lodged an application seeking an unfair dismissal remedy pursuant to s.394 of the Fair Work Act 2009 (the Act) against Commonwealth of Australia as represented by Services Australia (the Respondent).

1. Mr Freeman’s F2 application form advised his termination took effect in 2022, but he was unsure as to the exact date.

1. The application recognised that it was made beyond 21 days from the date of dismissal.

1. On 10 February 2025, the Respondent lodged a form F3 Employer Response which indicated that the dismissal occurred on 27 July 2022 and raised a jurisdictional objection on the basis that the application was lodged out of time and the Applicant’s employment did not meet the minimum employment period.

1. The Fair Work Act 2009 (Cth) (the Act) provides that an Applicant for an unfair dismissal remedy made pursuant to s.394 of the Act must make an application within 21 days after the dismissal took effect.[1] However, the Fair Work Commission (Commission) may allow a further period for the application to be made in exceptional circumstances.[2]

1. Once receiving the file, I listed the matter for an initial Mention on Monday, 17 February 2025 before I programmed the matter to determine the out of time issue.

1. On 12 February 2025, the Commission received a Statutory Declaration signed by the Applicant.

1. At the Mention, the Applicant’s representative advised that the Applicant does not intend to continue with this unfair dismissal application and concedes that the application is out of time. I was advised that the Applicant intends to file a separate application and wished for this application to be dismissed.

2. Accordingly, by the request of the Applicant and with no objections raised by the Respondent, Mr Freeman’s unfair dismissal application is dismissed pursuant to s.587 of the Fair Work Act 2009.

COMMISSIONER

[1] Section 394(2)(a) of the Act. Note that the 21 days for lodgment does not include the date that the dismissal took effect by reason of the operation of the Acts Interpretation Act 1901 (Cth) s.36(1) (item 6—where a period of time ‘is expressed to begin after a specified day’ the period ‘does not include that day’).

[2] Section 394(3) of the Act.

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