Mrs Vanessa Jenner v Australian Bakels Pty Ltd

[2024] FWC 2436

[2024] FWC 2436

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.365 - Application to deal with contraventions involving dismissal

Mrs Vanessa Jenner
v

Australian Bakels Pty Ltd

(C2024/4893)

DEPUTY PRESIDENT ROBERTS SYDNEY, 6 SEPTEMBER 2024

Revocation of a s.368 Certificate

1. On 3 September 2024 I issued a certificate under s.368 of the Fair Work Act 2009 (Cth) (Act) in matter C2024/4893 Jenner v. Australian Bakels Pty Ltd certifying that I was satisfied for the purpose of s.368(3) of the Act, that all reasonable attempts to resolve the dispute (other than by arbitration) have been, or are likely to be, unsuccessful.

1. Because of an administrative error, I was unaware at the time the certificate was issued that a jurisdictional objection to the application had been taken by the Respondent. The Respondent also advised that the Form F8A Response form filed by them had inadvertently failed to notify that this jurisdictional objection was being taken. The jurisdictional objection was that the Applicant was not dismissed by the Respondent. That objection must be determined before the Commission can deal with the dispute under s.368[1], including by issuing a certificate.

1. On being made aware of the error I notified the parties that subject to any submissions that they may wish to make, my preliminary view was that it was appropriate in the circumstances to revoke the certificate and thereafter proceed to deal with the jurisdictional objection of the Respondent. No submissions were received from either party.

1. Pursuant to s.603 of the Act, the certificate referred to in paragraph [1] above is hereby revoked. An order to that effect accompanies this decision.

1. Further directions in matter C2024/4893 will issue in due course.

DEPUTY PRESIDENT

[1] See Coles Supply Chain Pty Ltd v. Milford [2020] FCAFC 152

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