Nikos Hatzimakris v Cape Australia Onshore Pty Ltd T/A Cape Australia

[2018] FWC 6353

[2018] FWC 6353

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Nikos Hatzimakris

v

Cape Australia Onshore Pty Ltd T/A Cape Australia

(U2018/7367)

Commissioner Bissett MELBOURNE, 12 OCTOBER 2018

Application for an unfair dismissal remedy – jurisdictional objection – extension of time – application made within statutory period.

1. Mr Nikos Hatzimakris (Applicant) lodged an application with the Fair Work Commission (Commission) for relief from unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act) on 18 July 2018 at 12.00 am. The date of termination of employment was 26 June 2018.

1. In the F3 Employer Response Form filed by Cape Australia Onshore Pty Ltd T/A Cape Australia (Respondent) on 22 August 2018, the Respondent indicated that it objected to the application on the grounds that the application had been made outside the 21 day period provided for making an application under s.394 of the FW Act. For the Commission to have jurisdiction to deal with the application an extension of time for making the application is required.

1. On 14 September 2018 directions were issued for the filing of submissions and related material and hearing of the jurisdictional objection. The Applicant filed an Outline of Submissions addressing the extension of time on 27 September 2018.

1. In response to the submissions of the Applicant the Respondent advised the Commission on 12 October 2018 that, having reviewed the Applicant’s submission regarding the extension of time, it wished to withdraw the jurisdiction objection. The Respondent accepted that the application has been made within time.

1. I am satisfied that the application was made within the statutory period provided for in the FW Act. An extension of time for making the application is not required.

1. The application will be referred for further programming.

COMMISSIONER

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