Mrs Yara Jabbour v Queensland Child Care Services Pty Ltd

[2014] FWC 6821

[2014] FWC 6821

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Mrs Yara Jabbour
v
Queensland Child Care Services Pty Ltd
(U2014/6618)

COMMISSIONER BOOTH BRISBANE, 3 OCTOBER 2014

Termination of employment - change of Respondent.

[1] Mrs Yara Jabbour (the Applicant) lodged an application alleging unfair dismissal on 16 April 2014 after being dismissed on 26 March 2014 from employment by Queensland Child Care Services Pty Ltd (the Respondent) on behalf of Hamilton Road Early Education Centre Pty Ltd.

[2] Queensland Child Care Services Pty Ltd objected to the application on the grounds that it was not the employer for the purposes of s.380 of the Fair Work Act 2009 (the Act).

[3] The Applicant provided an amended/corrected application on 19 September 2014 in accordance with Directions issued on 11 September 2014 wherein the Applicant sought to substitute the named respondent to Child Care Management Group Pty Ltd.

[4] The Respondent was directed to provide a response by 26 September 2014. The response received from the Respondent was that they consent to the proposed amendment.

[5] Section 586 of the Act provides that:

“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.”

[6] I am satisfied that s.586 of the Act provides a power to amend Ms Yara Jabbour’s application to name Child Care Management Group Pty Ltd as the Respondent employer.

COMMISSIONER

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