Mrs Vanessa Jenner v Australian Bakels Pty Ltd Summary

[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

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Mrs Vanessa Jenner versus Australian Bakels Pty Ltd, the Fair Work Commission dealt with a dispute regarding the revocation of a section 368 certificate issued under the Fair Work Act 2009. The applicant, Mrs Jenner, sought to address contraventions involving her dismissal by the respondent, Australian Bakels Pty Ltd. The Deputy President, Roberts, presided over the case in Sydney on 6 September 2024. The Commission issued a section 368 certificate on 3 September 2024, indicating satisfaction that all reasonable attempts to resolve the dispute had been unsuccessful. However, the Deputy President discovered an administrative error: the certificate was issued without knowledge of a jurisdictional objection by the respondent, which claimed that Mrs Jenner was not dismissed by the respondent. This objection had to be resolved before proceeding with the dispute.

The legal issues before the Court were whether the certificate should be revoked due to the administrative error and how to proceed with the jurisdictional objection raised by the respondent. The Court considered whether the certificate should be revoked and the appropriate next steps to address the jurisdictional objection. The respondent had not provided any submissions on the revocation or the objection, and the applicant had not objected to the revocation. The Deputy President concluded that the certificate should be revoked and that further directions would be issued to address the jurisdictional objection and any other matters arising in the dispute.

The Fair Work Commission revoked the section 368 certificate issued on 3 September 2024 due to the administrative error. The Court determined that it was appropriate to revoke the certificate and proceed with the jurisdictional objection raised by the respondent. The Court ordered the revocation of the certificate and directed that further directions would be issued to address the jurisdictional objection and any other matters in the dispute. This decision ensures that the Commission can properly address the jurisdictional objection before proceeding with the dispute resolution.

Mrs Vanessa Jenner v Australian Bakels Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established