the Applicant v City of Subiaco
What happened
the Applicant appealed a decision by Deputy President O’Keeffe who dismissed her application against the City of Subiaco. The initial application was made under section 365 of the Fair Work Act. The City of Subiaco is a local government in Western Australia and not a national system employer. Deputy President O’Keeffe raised concerns about the Commission’s jurisdiction and requested submissions from the Applicant, which were not filed. the Applicant did not attend the hearing and could not be contacted.
What was decided
The Full Bench declined to grant permission for the appeal to proceed. They found the grounds of appeal had no arguable merit. The appeal was filed outside the 21-day period allowed by the Fair Work Commission Rules 2024. The application was dismissed under section 587(1)(a) of the Fair Work Act. The bench noted the initial application was likely hopeless due to the Respondent’s status as a non-national system employer.
What it means for employers
Employers, particularly local governments, should confirm their status as national system or non-national system employers. This impacts the jurisdiction of the Fair Work Commission to hear disputes.
What it means for employees
Employees should be aware of the Fair Work Commission's jurisdictional limits. If an employer is not a national system employer, the Commission may not have the power to hear a claim.
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