Fair Work Australia Case Study

About Fair Work Australia (FWA)

National workplace relations tribunal of Australia was set up at 1904 as the Commonwealth Court of Conciliation and Arbitration with the passage of the Commonwealth Conciliation and Arbitration Act.(“History,” n.d.)

Since then, national workplace relations tribunal has developed in accordance with social, legislative and economic changes. In 2009, Fair Work Act passed and Fair Work Australia established. In 2012, Fair Work Amendment Act renamed it to Fair Work Commission.(“History,” n.d.)

Fair work commission, as the Australia’s national workplace relations tribunal, they have responsibilities to protect the maintain employment conditions such as the minimum wages, working environment, and also the other series

(3) The FWC may allow a further period for the application to be made by a person under subsection (1) if the FWC is satisfied that there are exceptional circumstances, taking into account: (a) The reason for the delay; and (b) Whether the person first became aware of the dismissal after it had taken effect; and (c) Any action taken by the person to dispute the dismissal; and (d) Prejudice to the employer (including prejudice caused by the delay); and (e) The merits of the application; and (f) Fairness as between the person and other persons in a similar position.

Analysis

The Christmas functions

According the fact. At 7 December 2013, National Australia bank hosted a Christmas party in the public place with a large group pf employees, including the Drew

(“The price of a good time,” n.d.)Based on that, the conduct of Drew Westfield is negligence so it’s not a reason for dismissal.

The impact by the time

By analysing the fact of Drew Westfield’s dismissal, it could be ruled as unfair dismissal. But go back to the original recorded time, Drew Westfield’s field application at 7b July 2015, that means after the termination its almost 19 months passed, therefore well outside the 21 day time limit set by s.394(2)(a) of the Act, the applicant must made within 21 days after the dismissal took effect.

Drew Westfield was seeks an extension time based on s.394 (2) (b) of the Act.

Section 394 (2) (b) of the Act, applicant apply an extension of time in order to make an application for unfair dismissal remedy can be grant only if there are exceptional circumstance can make the commission satisfied and warranting an extension of time. To consider whether the exceptional circumstance exist, the commission have to considering the criteria set out by section 394 (3): exceptional circumstance must be out of the ordinary course, or unusual or special or uncommon but need not be unique, or unprecedented or very rare. (RRHR,