Ms Berke Biscut Nigussie v Churchlands High School (Department of Education)

[2013] FWC 5809

[2013] FWC 5809

FAIR WORK COMMISSION

DECISION

AND

REASONS FOR DECISION

Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal

Ms Berke Biscut Nigussie
v
Churchlands High School (Department of Education)
(C2013/5264)

COMMISSIONER CLOGHAN PERTH, 16 AUGUST 2013

Application to deal with contraventions involving dismissal.

[1] On 23 July 2013, Ms Berke Biscut Nigussie (Applicant) made application to the Fair Work Commission (Commission) to deal with a general protections dispute in accordance with s.365 of the Fair Work Act 2009 (FW Act).

[2] The Applicant is in dispute with the Western Australian Department of Education (Department of Education).

[3] On 30 July 2013, the Department of Education responded to the application as follows:

“This application is filed in the wrong jurisdiction. The Department of Education is a state government agency subject to the jurisdiction of the Western Australian Industrial Relations Commission (WAIRC) and not Fair Work Australia (sic).”

[4] On 1 August 2013, my Associate sought the views of the Applicant as to the Department of Education’s contention that the Commission had no jurisdiction relating to the application and that the dispute should have been filed in the WAIRC. The Applicant’s submission was sought by 9 August 2013. No submission was received.

[5] In view of the Department of Education’s submission and no response from the Applicant, the application is dismissed for want of jurisdiction. An order to this effect is issued conjointly with this Decision and Reasons for Decision.

COMMISSIONER

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