Raffaelina Dellicastelli v CoCo Support Services Pty Ltd Summary

[2025] FWC 2043

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.739—Dispute resolution

Raffaelina Dellicastelli
v

CoCo Support Services Pty Ltd

(C2025/5751)

DEPUTY PRESIDENT COLMAN

MELBOURNE, 16 JULY 2025

Application under s 739 – application dismissed

At the conclusion of a conference earlier today, I dismissed an application made by Raffaelina Dellicastelli under s 739 of the Fair Work Act 2009 (Act) and the dispute resolution procedure in the Social, Community, Home Care and Disability Services Industry Award 2010 (Award). I determined that the Commission had no power to deal with the dispute because Ms Dellicastelli was not employed by the respondent at the time the application was made. She was therefore not an employee covered by the Award and was ineligible to make the application.

DEPUTY PRESIDENT

Appearances:

R. Dellicastelli for herself
D. La Peyre for CoCo Support Services Pty Ltd

Conference details:

2025
Melbourne (by telephone)
16 July

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Raffaelina Dellicastelli applied to the Fair Work Commission under section 739 of the Fair Work Act 2009, seeking to resolve a workplace dispute with her former employer, CoCo Support Services Pty Ltd. The dispute centred around alleged unfair dismissal and associated entitlements. The respondent, CoCo Support Services Pty Ltd, was represented by D. La Peyre, while Ms Dellicastelli appeared in person. The case was heard via a telephone conference on 16 July 2025, in Melbourne.

The primary legal issue before the Deputy President was whether the Commission had jurisdiction to hear Ms Dellicastelli's application. Specifically, the court needed to determine if Ms Dellicastelli was eligible to make an application under section 739 of the Act, given that she was not currently employed by CoCo Support Services Pty Ltd at the time of filing. This eligibility hinged on her status as an employee under the Social, Community, Home Care and Disability Services Industry Award 2010.

In dismissing the application, the Deputy President concluded that Ms Dellicastelli was not an employee of the respondent at the time of filing the application, and therefore, she did not fall under the coverage of the Award. As a result, she lacked standing to bring the application under section 739 of the Act. Consequently, the Commission had no jurisdiction to address the dispute.

The final order of the court was to dismiss the application made by Ms Dellicastelli, as she did not meet the eligibility criteria to proceed under section 739 of the Fair Work Act 2009. This decision underscores the importance of employee status for jurisdictional purposes in Fair Work Commission proceedings.

Raffaelina Dellicastelli v CoCo Support Services Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established