v iSentia Pty Ltd

[2024] FWCFB 273

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.604—Appeal of decision

Maria Salagaras

iSentia Pty Ltd

(C2024/2907)

DEPUTY PRESIDENT SLEVIN
COMMISIONER MCKINNON

COMMISSIONER CRAWFORD

SYDNEY, 31 MAY 2024

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

[1] Fair Work Commission Rules 2024 Rule 12(2)(a)

[2] Rule 128(2)(c)

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Maria Salagaras who appealed a decision made by Deputy President Gostencnik on 30 December 2019. Salagaras sought to appeal the dismissal of her application for termination of the iSentia Enterprise Agreement 2016. The original application was dismissed by Deputy President Gostencnik on the grounds that Salagaras lacked the standing to bring it. The appeal was filed 279 weeks after the original decision, well beyond the statutory 21-day period for appeals, and without any application to extend time.

The key legal issues before the Fair Work Commission were whether the appeal was timely filed and whether there were any cogent grounds to support the appeal. The Commission had to consider the compliance with the Fair Work Commission Rules regarding the timeliness of the appeal and the adequacy of the material provided to support the appeal. Additionally, the Commission was required to assess the merits of the appeal, specifically focusing on whether there were reasonable prospects of success given the significant delay and the lack of justification for that delay.

The Commission found that Salagaras had not provided any cogent grounds in support of her appeal and made no attempt to justify the significant delay in bringing the appeal. The Commission was satisfied that the material provided did not present any reasonable prospects of success for the appeal. Consequently, the Commission decided to dismiss the appeal pursuant to section 587(1)(c) of the Fair Work Act 2009. An order giving effect to the Commission's decision will be issued separately.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established