the Applicant v Capgemini Australia Pty Ltd
Citation: [2026] FWC 2531
What happened
the Applicant applied to the Fair Work Commission under section 372 of the Fair Work Act 2009, alleging contraventions of general protections provisions. Capgemini Australia Pty Ltd initially agreed to participate in a conference but later withdrew its agreement. The Applicant requested to be heard regarding any procedural orders.
What was decided
The Fair Work Commission dismissed the application for lack of jurisdiction. Section 374 requires mutual agreement for a conciliation conference, which was withdrawn by Capgemini Australia Pty Ltd. Consequently, the Commission could not proceed with the dispute and closed the file. The Deputy President found allowing submissions on whether a conference should occur would be futile.
What it means for employers
Employers can withdraw from participating in Fair Work conferences after initially agreeing. This does not automatically compel participation or create ongoing obligations for conciliation.
What it means for employees
Employees seeking to resolve disputes through Fair Work conferences need the agreement of both parties for a conference to proceed. Withdrawal of agreement by the employer will halt proceedings.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc2531.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need today sorted? A Day Pass is 25 questions over 24 hours, no account. Get a Day Pass — $4.99
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections