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 Section 374 requires mutual agreement for a conciliation conference, which was withdrawn by Capgemini Australia Pty Ltd.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.
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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 →