Ms Sheida Azadegan v Metricon Homes Pty Ltd
[2024] FWC 1114
•1 MAY 2024
| [2024] FWC 1114 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal
Ms Sheida Azadegan
v
Metricon Homes Pty Ltd
(C2024/1419)
| COMMISSIONER PLATT | ADELAIDE, 1 MAY 2024 |
Application to deal with contraventions involving dismissal – extension of time – application found to be filed within 21 days.
On 5 March 2024, Ms Sheida Azadegan (the Applicant) lodged her application through the Commission’s online portal but her Form F8 was not received. As a result, the Commission’s Registry deemed the application incomplete. The Applicant was notified of this on 8 March 2024 and subsequently lodged her Form F8 on the same day, generating the current matter (C2024/1419).
In the decision of Amy Brunskill v Federation Children Nth Geelong Pty Ltd[1] the status of an incomplete lodgement was extensively examined. In one matter, a blank application was accepted as being lodged.
The Respondent accepts the application was filed within the 21-day statutory time limit and have advised they do not maintain the out of time jurisdictional objection.
Based on the authority contained in Brunskill[2], I find that this application was filed on 5 March 2024 and an extension of time is not required. The matter will be listed for the remaining jurisdictional objection (no dismissal), to be determined.
COMMISSIONER
<PR774338>
[1] [2023] FWC 1756.
[2] Ibid.
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