Anthea Jackson v Spotlight Cockburn
Commissioner Kucera
Not yet cited by other cases
Applicant: Anthea Jackson
Respondent: Spotlight Cockburn
Ratio
The application was dismissed because the Commission lacked jurisdiction. The applicant was employed by a 'national system employer', meaning the matter falls within the exclusive jurisdiction of the Fair Work Commission under federal law, not the Western Australian Industrial Relations Commission.
Outcome
Against applicant
dismissed_jurisdiction
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 6
- Applicant Anthea Jackson filed an unfair dismissal application on 9 September 2025 under the Industrial Relations Act 1979 (WA)
- Respondent filed response on 29 October 2025 raising jurisdictional issue
- Commission identified that applicant was employed by a 'national system employer'
- Commission notified applicant on 29 October 2025 of the jurisdictional issue and suggested she seek legal advice
- Show cause hearing was held on 12 December 2025
- Both parties were heard at the show cause hearing
Factors
For
Against
- Applicant was employed by a 'national system employer'
Concept tags · 4
Principles · 1
articulates para ?
The WAIRC does not have jurisdiction to hear unfair dismissal applications where the applicant was employed by a 'national system employer', as such matters fall within the exclusive jurisdiction of the Fair Work Commission under federal law.
Archived text (278 words)
UNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Anthea Jackson
APPLICANT
-v-
Spotlight Cockburn
RESPONDENT
CORAM Commissioner T Kucera
DATE monday, 15 december 2025
FILE NO/S U 99 OF 2025
CITATION NO. 2025 WAIRC 00990
Result Application dismissed
Representation
Applicant Ms Anthea Jackson
Respondent Ms Jennifer Jordan and with her Ms Angela Georgieska
Order
WHEREAS the applicant on 9 September 2025 filed a Form 2 – Unfair Dismissal Application under the Industrial Relations Act 1979 (WA) (application);
AND WHEREAS the respondent on 29 October 2025 filed a Form 2A – Employer Response to Unfair Dismissal Application (response);
AND WHEREAS it appeared from the response the Commission would not have jurisdiction to hear the claim because the applicant was employed by a ‘national system employer’ (jurisdictional issue);
AND WHEREAS the Commission on 29 October 2025 emailed the applicant and suggested she seek legal advice in relation to the jurisdictional issue;
AND WHEREAS on 18 November 2025 the applicant, by way of an email and in telephone conversation to Commission staff acknowledged that she had received this communication from the Commission;
AND WHEREAS the Commission on 19 November 2025 programmed the application for a show cause hearing to be held on 12 December 2025 (show cause hearing);
AND WHEREAS the Commission held the show cause hearing on 12 December 2025;
AND WHEREAS the Commission, after hearing from both parties, was satisfied that it does not have the jurisdiction to hear the application because the applicant was employed by a ‘national system employer’.
NOW THEREFORE the Commission, pursuant to the powers conferred by the Industrial Relations Act 1979 (WA), hereby orders –
THAT the application be dismissed.
Commissioner T Kucera