Jones and Secretary, Department of Jobs and Small Business

This matter concerned an application by Ms Jones against the Secretary, Department of Jobs and Small Business, heard by Senior Member R Cameron of the Administrative Appeals Tribunal. The dispute centred on whether Ms Jones had lodged an effective claim for unpaid employment entitlements under the Fair Entitlements Guarantee (FEG) Act within the prescribed 12-month time limit following an insolvency event. Ms Jones had been employed by Nissand Pty Ltd, which was placed into voluntary liquidation on 7 June 2016 after its service agreement with the Department of Human Services was terminated.

The primary legal issue before the Tribunal was to determine whether Ms Jones had made an effective claim within the 12-month period stipulated by section 14(2) of the FEG Act. The Tribunal noted that the FEG Act does not grant discretion to extend this time limit, meaning that failure to lodge an effective claim within the period would result in the application failing. The Tribunal also considered the interpretation of the word "made" in section 14(2), which was submitted to place a significant obligation on the applicant to ensure the claim was received by the Respondent.

The Tribunal reasoned that the claim form was received on 14 June 2017, which was outside the 12-month period commencing from the insolvency event on 7 June 2016. The Tribunal found that sections 28A and 29 of the Acts Interpretation Act 1901 were not applicable as they relate to Acts requiring or permitting service by post, whereas section 14(2) of the FEG Act requires the claim to be "made" and does not specify service by post. The Tribunal concluded that the use of the word "made" indicated a deliberate legislative choice imposing an obligation on the applicant to ensure the claim's receipt by the Respondent, particularly in light of modern electronic lodgement methods which provide clear records.

Consequently, the Tribunal affirmed the reviewable decision.