Surender Singh v Convenience Marketing Solution Pty Ltd Summary

[2025] FWC 2750

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.739—Dispute resolution

Surender Singh
v

Convenience Marketing Solution Pty Ltd

(C2025/8496)

DEPUTY PRESIDENT COLMAN

MELBOURNE, 15 SEPTEMBER 2025

Application under s 739 – application dismissed

At the conclusion of a conference earlier today, I dismissed an application made by Surender Singh under s 739 of the Fair Work Act 2009 (Act) and the dispute resolution procedure in the Mining Industry Award 2020 (Award). I determined that the Commission had no power to deal with the dispute because Mr Singh was not employed by the respondent at the time the application was made. He was therefore not an employee covered by the Award and was ineligible to make the application.

DEPUTY PRESIDENT

Appearances:
S. Singh for himself
G. Singh for Convenience Marketing Solutions Pty Ltd

Conference details:
2025
Melbourne (by telephone)
15 September

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Surender Singh made an application to the Fair Work Commission under section 739 of the Fair Work Act 2009, seeking resolution of a dispute with Convenience Marketing Solution Pty Ltd. The application arose from a claim regarding employment conditions under the Mining Industry Award 2020. The Commission was asked to address whether Mr Singh was entitled to certain protections and entitlements as an employee of the respondent. The application was dismissed on the basis that Mr Singh was not employed by Convenience Marketing Solution Pty Ltd at the time the application was made, thus he did not meet the criteria for eligibility under the Award.

The primary legal issue before the Deputy President was whether Mr Singh had standing to make the application for dispute resolution under section 739 of the Fair Work Act. This hinged on whether Mr Singh was an employee of Convenience Marketing Solution Pty Ltd at the relevant time, as the Act and the Award only provide protection to employees. The Commission needed to determine if there was an employment relationship in existence at the time the application was lodged, as this would determine whether the dispute fell within the jurisdiction of the Commission.

In dismissing the application, the Deputy President concluded that Mr Singh did not have standing to make the application because he was not employed by Convenience Marketing Solution Pty Ltd when the application was made. The decision was based on the clear statutory requirement that the applicant must be an employee to bring an application under section 739. As Mr Singh did not meet this criterion, the Commission found it had no jurisdiction to hear the matter. Consequently, the application was dismissed.

The Fair Work Commission dismissed Surender Singh's application for dispute resolution, confirming that he was not an employee of Convenience Marketing Solution Pty Ltd at the time the application was made. As a result, the Commission held that it lacked the jurisdiction to proceed with the dispute under the Fair Work Act 2009 and the Mining Industry Award 2020.

Surender Singh v Convenience Marketing Solution Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established