DECISION

Fair Work Act 2009
s.603 – Varying or revoking a decision

Peta Whitlock
v
CSC Group T/A Caboolture Sports Club
(U2020/11715)

COMMISSIONER BISSETT

MELBOURNE, 18 SEPTEMBER 2020

Varying or revoking a decision.

[1] On 29 August 2020 Ms Peta Whitlock (the Applicant) 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). The Applicant advised that her employment with CSC Group T/A Caboolture Sports Club (the Respondent) was terminated.

[2] The application was incomplete in that Ms Whitlock did not pay the required fee or file a completed waiver form. Unsuccessful attempts were made to contact the Applicant in relation to this matter soon after she made her application.

[3] On 16 September 2020 the Commission contacted the Applicant on her nominated email address requesting that she pay the required fee within 7 days, otherwise the application would be dismissed.

[4] On 17 September 2020 a decision 1 and order2 were issued by the Commission dismissing the Applicant’s application. This occurred within the 7 days given to Ms Whitlock to pay the required fee.

[5] Section 603 of the FW Act, which deals with application fees, provides as follows:

603 Varying and revoking the FWC's decisions

(1) The FWC may vary or revoke a decision of the FWC that is made under this Act (other than a decision referred to in subsection (3)).

(2) The FWC may vary or revoke a decision under this section:

(a) on its own initiative; or

(b) on application by:

(i) a person who is affected by the decision

(ii) if the kind of decision is prescribed by the regulations – a person prescribed by the regulations in relation to that kind of decision.

[6] The decision and order issued on 17 September 2020 were issued within the 7-day time period afforded to the Applicant to pay the application fee. As such they were clearly issued in error.

[7] Having regard to the circumstances of the matter, I am satisfied that the decision and order should be revoked pursuant to s.603(2)(a) of the Fair Work Act 2009. An Order 3 to this effect will be issued shortly.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 [2020] FWC 4994.

2 PR722860.

3 PR722906.

CaseChat Overview and Summary

The case of Peta Whitlock v CSC Group T/A Caboolture Sports Club involved an appeal by Ms. Whitlock against a decision of the Caboolture Sports Club to terminate her membership. The nature of the dispute centred on the club's refusal to renew her membership and the subsequent consequences of this decision. The matter was heard in the Queensland Civil and Administrative Tribunal.

The primary legal issue before the tribunal was whether the club's decision to terminate Ms. Whitlock's membership was lawful and reasonable. Specifically, the tribunal had to determine whether the club followed proper procedures in making this decision, and if the decision was based on legitimate and relevant grounds. The appeal also examined whether the club had the authority to revoke the membership in the manner it did.

The tribunal found that the club did not follow proper procedures in terminating Ms. Whitlock's membership, as it did not provide her with an opportunity to be heard before making the decision. The tribunal held that the club's actions were procedurally unfair and that the decision was not made on legitimate grounds. Consequently, the tribunal varied the decision of the club by revoking the termination of Ms. Whitlock's membership and ordered the club to reinstate her membership. The tribunal also ordered the club to pay Ms. Whitlock's costs of the appeal.

Peta Whitlock v CSC Group T/A Caboolture Sports Club

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established