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[2013] FWC 2161
DECISION
Fair Work Act 2009
s.394—Unfair dismissal
Nicole Bock
v
Jarjoura Holdings Pty Ltd
(U2013/7101)
COMMISSIONER DEEGAN CANBERRA, 10 APRIL 2013
Application for relief from unfair dismissal - jurisdictional objection - incorrect employer
name on application - request to amend application
[1] In this matter the applicant sought to amend the application to correctly name her
employer as MyHouse (Aust) Pty Ltd. The employer objected to the application to amend on
the basis that the applicant’s payslips and group certificate had correctly identified the
employer.
[2] The matter was heard by telephone. The applicant was represented by her mother and
the employer was represented by Mr David Jarjoura, the Managing Director of the employer.
[3] At the hearing the following became apparent;
the applicant’s mother had mistakenly identified Jarjoura Holdings Pty Ltd as
the employer as she had been unable to find an ABN for MyHouse;
My House was identified as the trading name of the employer on the
application form;
the application had been made well within the 21 day time limit allowed by
the legislation and had been served on the Managing Director of the correct
employer;
the employer suffered no detriment or disadvantage as a result of the
incorrect name being used.
[4] Having heard the parties I determined that I should exercise my discretion pursuant to
s.586 of the Fair Work Act 2009 and allow the amendment to the application. I note that Mr
Jarjoura is both the managing director of the employer and a director of the company named
in the original application, although I accept that the companies are not otherwise related. I
also note that Regulation 3.32 of the Fair Work Regulations 2009 requires an employer (after
1 January 2010) to include the employer’s ABN on an employee’s payslip. I note that the
payslip provided by the employer does not contain the ABN of MyHouse (Aust) Pty Ltd.
AUSTRALIA FAIR WORK COMMISSION
[2013] FWC 2161
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[5] The application will be amended to reflect the correct name of the employer and the
matter referred to conciliation.
Appearances: (by telephone)
Ms J. Sexton-Bock, for the applicant
Mr D. Jarjoura, for the respondent.
Hearing details:
2013.
Canberra:
April 10.
Printed by authority of the Commonwealth Government Printer
Price code A, PR535535
WORK COMMISSION US' ¿ALIA THE SEAL OF COMMISS LONER
