1
Fair Work Act 2009
s.394 - unfair dismissal
Christopher Antonarakis
v
Logan City Electrical Service
(U2017/918)
COMMISSIONER SIMPSON BRISBANE, 19 JUNE 2017
Application for an unfair dismissal remedy - application to amend original application to
identify correct respondent
Background
[1] On 17 May 2017 Mr Christopher Antonarakis filed an application to amend
application U2017/918 to correctly identify the Respondent as “Logan City Electrical Service
Division Pty Ltd” (original application to amend).
[2] The Form F1 original application to amend did not contain any grounds as to why I
should exercise my discretion under section 586 to amend the Respondent. There was also no
evidence to suggest the Form F1 had been served on Logan City Electrical Service Division
Pty Ltd.
[3] On 25 May 2017, Mr Antonarakis was sent an email from my chambers:
“Dear Mr Antonarakis
I refer to the above matter, and Form F1 lodged on 17 May 2017.
The Form F1 does not provide any reasons or grounds as to why the Commissioner
should exercise discretion under section 586 to amend application U2017/918.
The Commissioner advises you to set out the reasons in your application.
Further, can you please confirm that the F1 application and the supporting material has
been served on the Respondent, and provide evidence that it has been served.”
[4] On 29 May 2017, Mr Antonarakis submitted an amended Form F1 (amended
application to amend). The following grounds were set out in the amended application to
amend:
[2017] FWC 3232 [Note: An appeal pursuant to s.604 (C2018/2938) was
lodged against this decision - refer to Full Bench decision dated 14 August
2018 [[2018] FWCFB 3815] for result of appeal.]
DECISION
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb3815.htm
[2017] FWC 3232
2
“1.0 A company search of Logan City Electrical was conducted on 17 May 2017 on the
Australian Securities & Investments Commission.
2.0 The formal name of the company is “Logan City Electrical Service Division Pty
Ltd”. Further details are provided above.
3.0 The contact information provided in the original unfair dismissal claim was
correct. However, an administrative error stating the company as “Logan City
Electrical Service” as oppose to “Logan City Electrical Service Division Pty Ltd” was
made. This was as a result of referring to the payslips received from the company
which states “Logan City Electrical Service”.
4.0 As a result of the company search and having found the correct title of the
company, an amendment to have the company listed as “Logan City Electrical Service
Division Pty Ltd” is being sought.
5.0 Should an amendment be granted, it is hoped that a response will be received from
Logan City Electrical Service Division Pty Ltd and the matter can be resolved.”
[5] Mr Antonarakis copied the email dated 29 May 2017 attaching the amended
application to amend to the email address “service@lceqld.com.au”. Mr Antonarakis
requested advice as to whether this was sufficient to satisfy the requirements of service.
[6] On 8 June 2017, Mr Antonarakis was sent an email from my chambers:
“Dear Mr Antonarakis
I refer to the above matter and your below request.
Please note the Commission is unable to provide legal advice to parties.
Please refer to Sections 41 and 42 of the Fair Work Commission Rules 2013 which
provide the requirements of service...”
[7] The email dated 8 June 2017 to Mr Antonarakis then set out s.41 and 41 of the Fair
Work Commission Rules 2013 for Mr Antonarakis’ reference.
[8] The Commission has not received any communication from Logan City Electrical
Service Division Pty Ltd.
Legislation
[9] Section 586 of the Act reads as follows:
“Correcting and amending applications and documents etc.
The FWC may:
[2017] FWC 3232
3
(a) allow a correction or amendment of any application, or other document
relating to a matter before the FWC, on any terms that it considers
appropriate; or
(b) waive an irregularity in the form or manner in which an application is
made to the FWC.”
Consideration
[10] I have given consideration to the submissions by Mr Antonarakis in relation to
whether or not to exercise my discretion under section 586 to amend application U2017/918
to identify the correct Respondent.
[11] I do not consider that the Respondent will suffer any prejudice if the application to
amend application U2017/918 such that the Respondent is named as “Logan City Electrical
Service Division Pty Ltd.” I have also had regard to the principles as set out in the Full Bench
decisions of David Djula v Centurion Transport Co. Pty Ltd1, and Tobiahs Pty Ltd v Jessica
Vidacic2 in determining whether it is appropriate to amend the name of a party to an
application made before the tribunal.
[12] I am satisfied to do so in this case. The Respondent to application U2017/918 will now
be “Logan City Electrical Service Division Pty Ltd.” which has effect from the date of this
decision.
[13] The matter will now be listed for mention Wednesday 5 July 2017.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
Price code A, PR593718
1 David Djula v Centurion Transport Co. Pty Ltd [2015] FWCFB 2371.
2 Tobiahs Pty Ltd v Jessica Vidacic [2011] FWAFB 1679.
