Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dafallah v Fair Work Commission (No 2) [2014] FCA 600 Citation: Dafallah v Fair Work Commission (No 2) [2014] FCA 600
Parties: MARIAM DAFALLAH v FAIR WORK COMMISSION and MELBOURNE HEALTH
File number: VID 705 of 2012
Judge: MORTIMER J
Date of judgment: 6 June 2014
Date of hearing: Heard on the papers
Date of last submissions: 11 April 2014
Place: Melbourne
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 17
Solicitor for the Applicant: Mr M Willoughby-Thomas of Martin Willoughby-Thomas Barristers and Solicitors
Counsel for the First Respondent: The First Respondent filed a submitting appearance
Solicitor for the First Respondent: Australian Government Solicitor
Counsel for the Second Respondent: Mr R Millar
Solicitor for the Second Respondent: DLA Piper Australia
IN THE FEDERAL COURT OF AUSTRALIA MELBOURNE DISTRICT REGISTRY GENERAL DIVISION VID 705 of 2012
BETWEEN: MARIAM DAFALLAH
Applicant
AND: FAIR WORK COMMISSION
First Respondent
MELBOURNE HEALTH
Second Respondent
JUDGE: MORTIMER J DATE OF ORDER: 6 June 2014 WHERE MADE: MELBOURNE
THE COURT DECLARES THAT: By failing to follow the process set out in cl 38 of the Health Services Union of Australia — Health and Allied Services, Administrative Officers — Victorian Public Sector — Multi Employer Certified Agreement 2006-2009 in respect of the sequence of verbal and written warnings to be given to the applicant prior to any decision to terminate the applicant's employment, the second respondent has contravened that Agreement.
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