Wilson v Victorian Aboriginal Child and Community Agency

This matter concerns an application by Ms Lyndsey Wilson for an extension of time to make a general protections application to the Fair Work Commission (FWC) under section 370 of the Fair Work Act 2009 (Cth) following her dismissal from employment with the Victorian Aboriginal Child and Community Agency (VACCA). The matter was heard by the Federal Court of Australia. The primary issue before the Court was whether to grant the Applicant's request for an extension of time to file a general protections application with the FWC, given the delay in filing the application and the reasons for the delay. The Court was also required to consider whether the delay had caused any prejudice to the Respondents and whether the extension of time was appropriate in the circumstances, taking into account the substantive merits of the claim.

The Court considered the submissions of both parties and the relevant authorities. The Applicant argued that the delay in filing the application was due to her reliance on the FWC’s process and her need to seek legal advice before proceeding. The Court noted that the Applicant had provided a reasonable explanation for the delay and that the Respondents had not demonstrated any significant prejudice as a result of the delay. The Court also took into account the substantive merits of the Applicant’s claim, including the allegations of adverse action following a contentious discussion with a colleague. The Court concluded that the extension of time was appropriate given the circumstances and the need for careful case management to address the broad range of factual matters that had been foreshadowed. The Court therefore allowed the application for an extension of time.

The Court made orders extending the time within which the originating application could be filed up to and including 7 January 2025. The Court also ordered that the parties were to jointly provide proposed orders for the next steps in this proceeding, or request a case management hearing, by 13 June 2025. Costs were reserved.