v iSentia Pty Ltd
[2024] FWCFB 273
•31 MAY 2024
| [2024] FWCFB 273 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.604—Appeal of decision
Maria Salagaras
v
iSentia Pty Ltd
(C2024/2907)
| DEPUTY PRESIDENT SLEVIN COMMISSIONER CRAWFORD |
|
Appeal against decision [[2019] FWC 8711] of Deputy President Gostencnik at Adelaide on 30 December 2019 in matter number AG2019/2600
Ms Maria Salagaras filed a notice of appeal on 6 May 2024 seeking to appeal a decision of Deputy President Gostencnik of 30 December 2019. The Deputy President dismissed an application by Ms Salagaras purporting to be an application pursuant to s. 225 of the Fair Work Act 2009 for termination of the iSentia Enterprise Agreement 2016. The Deputy President dismissed the application as Ms Salagaras had no standing to bring it.
An appeal against a decision of the Commission must be brought within 21 days of the decision[1] or within such further time as allowed on application by the appellant.[2] This appeal was filed 279 weeks after the decision was made.
Directions were issued requiring Ms Salagaras to file an appeal book in accordance with the rules as well as submissions in support of her appeal and any application she wished to make to extend time for the appeal. Ms Salagaras provided the Commission with numerous emails, none of which complied with the Directions.
We have decided to determine the matter on the papers. The material provided presents no cogent grounds in support of the appeal and makes no attempt to justify the lengthy delay in bringing the appeal.
In those circumstances we find that the appeal has no reasonable prospects of success and have decided to dismiss the application pursuant to s. 587(1)(c) of the Act.
An order giving effect to our decision will issue separately.
DEPUTY PRESIDENT
<PR775542>
[1] Fair Work Commission Rules 2024 Rule 12(2)(a)
[2] Rule 128(2)(c)
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