1 Fair Work Act 2009 s.365 - Application to deal with contraventions involving dismissal Ms Sheida Azadegan v Metricon Homes Pty Ltd (C2024/1419) COMMISSIONER PLATT ADELAIDE, 1 MAY 2024 Application to deal with contraventions involving dismissal – extension of time – application found to be filed within 21 days. [1] On 5 March 2024, Ms Sheida Azadegan (the Applicant) lodged her application through the Commission’s online portal but her Form F8 was not received. As a result, the Commission’s Registry deemed the application incomplete. The Applicant was notified of this on 8 March 2024 and subsequently lodged her Form F8 on the same day, generating the current matter (C2024/1419). [2] In the decision of Amy Brunskill v Federation Children Nth Geelong Pty Ltd1 the status of an incomplete lodgement was extensively examined. In one matter, a blank application was accepted as being lodged. [3] The Respondent accepts the application was filed within the 21-day statutory time limit and have advised they do not maintain the out of time jurisdictional objection. [4] Based on the authority contained in Brunskill2, I find that this application was filed on 5 March 2024 and an extension of time is not required. The matter will be listed for the remaining jurisdictional objection (no dismissal), to be determined. COMMISSIONER Printed by authority of the Commonwealth Government Printer [2024] FWC 1114 DECISION [2024] FWC 1114 2 <PR774338> 1 [2023] FWC 1756. 2 Ibid.