Ms Paula Lancaster v Allstaff Australia Pty Ltd

[2017] FWC 3125

[2017] FWC 3125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.739 - Application to deal with a dispute

Ms Paula Lancaster
v
Allstaff Australia Pty Ltd
(C2017/2690)

SENIOR DEPUTY PRESIDENT HAMBERGER SYDNEY, 8 JUNE 2017

Application to deal with a dispute - jurisdiction.

[1] On 19 May 2017, Ms Paula Lancaster (the Applicant) made an application under s.739 of the Fair Work Act 2009 (the Act) for the Fair Work Commission to deal with an alleged dispute with Allstaff Australia Pty Ltd (the Application).

[2] The matter was listed for conference on 2 June 2017, which was vacated when the Respondent filed a jurisdictional objection on 30 May 2017, on the grounds that the Applicant was not an employee of the Respondent at the time the dispute was filed (the jurisdictional objection).

[3] On 30 May 2017 I instructed my associate to email the parties notifying them the conference was vacated, and requiring the Applicant to file a response to the jurisdictional objection by 4pm on Friday 2 June 2017.

[4] No response was received by 4pm on 2 June 2017. On Monday 5 June 2017 my associate sent an email to the Applicant which said:

“I forward my email of 30 May 2017 (below). The Respondent has filed an objection to your application, on the grounds there is no jurisdiction for the Fair Work Commission to deal with your dispute as you were not an employee at the relevant time. You were required to file a response to this objection by 4pm last Friday, 2 June 2017.

We have not received any response material, nor any correspondence from you.

Please advise Senior Deputy President Hamberger by 4pm on Tuesday 6 June 2017:

• whether you will be filing a response; and if so



• when the response will be filed.

If we do not hear from you, your application may be dismissed.”

[5] The Applicant has not responded to this email, nor contacted my chambers by telephone or at all.

[6] Section 587 of the Act sets out why and how the Fair Work Commission may dismiss an application:

Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or
(b) the application is frivolous or vexatious; or
(c) the application has no reasonable prospects of success.


Note: For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3-2, see section 399A.

(2) Despite paragraphs (1)(b) and (c), the FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or
(b) has no reasonable prospects of success.

(3) The FWC may dismiss an application:

(a) on its own initiative; or
(b) on application.

[7] I dismiss the Application under s.587 of the Act. An order 1 will issue in tandem with this decision.

SENIOR DEPUTY PRESIDENT

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