Rozia Avram v The Staff Factory

[2012] FWA 4239

[2012] FWA 4239

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.773—Termination of employment

Rozia Avram
v
The Staff Factory
(C2012/3467)

DEPUTY PRESIDENT SMITH MELBOURNE, 16 MAY 2012

Application to deal with an unlawful termination dispute.

[1] Ms Rozia Avram has made an application pursuant to s.773 of the Fair Work Act 2009 (Cth) (the Act). Ms Avram alleges that she was dismissed unlawfully from her employment with The Staff Factory Pty Ltd.

[2] Ms Avram alleges that she was dismissed because she attended her doctor.

[3] The Staff Factory object to the tribunal convening the matter for conciliation on the basis that Fair Work Australia lacked the jurisdiction to hear the matter.

[4] Shortly stated, the Staff Factory submits that it is a constitutional corporation and s.773 is not applicable. In support of their submission it relied upon the decision of Vice President Watson in Thomasson v Toll Perkins Shipping 1.

[5] Ms Avram opposed the objection.

[6] I find that the application is not within jurisdiction for the reasons adumbrated by Vice President Watson.

[7] The application is dismissed.

DEPUTY PRESIDENT

Appearances:

Mr B. Bolby of Counsel and P.Mecoles on behalf of the Applicant

Ms A. Klimovics and M. Hollis on behalf of the Respondent

Hearing details:

2012.
Melbourne:
16 May.

 1   Thomasson v Toll Perkins Shipping [2011] FWA 7911

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