Natasha Garlett v Department of Communities
[2022] FWC 3222
•23 DECEMBER 2022
[2022] FWC 3222
The attached document replaces the document previously issued with the above code on 23 December 2022.
A typographical error has been corrected in paragraph 9.
Associate to Commissioner Bissett
Dated 29 December 2022.
| [2022] FWC 3222 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Natasha Garlett
v
Department Of Communities
(U2022/10662)
| COMMISSIONER BISSETT | MELBOURNE, 23 DECEMBER 2022 |
Application for relief from unfair dismissal- national system employer – dismissal under s.587 at the Commission’s initiative.
On 4 November 2022 Mrs Natasha Garlett made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).
On 8 November 2022 the Commission attempted to contact Mrs Garlett via her nominated telephone number to discuss her application. Mrs Garlett did not answer the call. A voicemail message was left requesting that she contact the Commission as her former employer may not be considered a national system employer.
Later that day the Commission emailed correspondence to Mrs Garlett’s nominated email address advising that, based on the information contained in the application, the Department Of Communities may not be a national system employer and to urgently seek further advice on this issue, as the Commission may not have jurisdiction to deal with the application. The correspondence also required Mrs Garlett to advise the Commission within 14 days whether they wished to proceed with their application. The correspondence warned that the application may be dismissed if no response was received.
On 8 November 2022 Mrs Garlett contacted the Commission regarding the correspondence received. During this phone call the Commission provided Mrs Garlett with information regarding national system employers and contact details for the Western Australia Industrial Relations Commission and Wageline to confirm the status of the Department of Communities.
On 24 November 2022 Mrs Garlett again contacted the Commission advising that she would be contacting the Western Australia Industrial Relation Commission to confirm jurisdiction before withdrawing the application. Mrs Garlett confirmed that she would contact the Commission to provide further instruction.
As the required information was not received, on 29 November 2022 the Commission attempted to contact Mrs Garlett on her nominated telephone number. Mrs Garlett did not answer the call. A voicemail message was left requesting she contact the Commission regarding her matter.
To date, Mrs Garlett has not contacted the Commission or provided any further information.
Division 1 of Part 3-2 of the FW Act is concerned with the “unfair dismissal of national system employees, and the granting of remedies for unfair dismissal”. Further, s.380 of the FW Act provides that, under this Part, an “employee means a national system employee, and employer means a national system employer”. Mrs Garlett and Department Of Communities do not respectively fall within the scope of this definition.
In considering the provisions of the FW Act, I am satisfied that the Commission has no jurisdiction to determine Mrs Garlett’s application for unfair dismissal as their employment was not with a national system employer.
Section 587(1) of the FW Act provides as follows:
587 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 prospect of success.
In this circumstance, I have determined that the application was not made in accordance with the FW Act. The application is therefore dismissed under s.587(1)(c) of the FW Act.
COMMISSIONER
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