Ms Sheida Azadegan v Metricon Homes Pty Ltd Summary

[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

[1] [2023] FWC 1756.

[2] Ibid.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ms Sheida Azadegan has lodged an application with the Fair Work Commission under section 365 of the Fair Work Act 2009, seeking to deal with contraventions involving her dismissal by Metricon Homes Pty Ltd. The application was initially submitted on 5 March 2024 but was deemed incomplete by the Commission's Registry due to the absence of the necessary Form F8. Upon notification of this deficiency on 8 March 2024, Ms Azadegan promptly submitted the Form F8, generating the current matter before the Commission. The primary legal issue before the Commission was whether the application, despite its initial incompleteness, was nonetheless considered filed within the 21-day statutory time limit.

The Commission examined the case of Amy Brunskill v Federation Children Nth Geelong Pty Ltd, where the status of an incomplete lodgement was thoroughly reviewed. In Brunskill, a blank application was accepted as being lodged, which provided a precedent for the current matter. The Respondent, Metricon Homes Pty Ltd, acknowledged that the application was indeed filed within the 21-day period and did not contest the jurisdictional objection regarding the timeliness of the filing. Drawing upon the authority established in Brunskill, the Commissioner found that the application was effectively filed on 5 March 2024, thereby rendering an extension of time unnecessary. The matter will proceed to address the remaining jurisdictional objection, specifically the question of whether there was a dismissal, for determination.

The Commissioner concluded that the application was appropriately filed within the required timeframe and thus rejected the need for an extension. This decision allows the matter to progress to the next stage, where the jurisdictional objection concerning the existence of a dismissal will be addressed. The application will be listed accordingly for further proceedings.

Ms Sheida Azadegan v Metricon Homes Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established