Eguia v CPB Contractors Pty Ltd [2021] FCA 273

Federal Court of Australia

Eguia v CPB Contractors Pty Ltd [2021] FCA 273 File number(s): VID 493 of 2020

Judgment of: ANDERSON J

Date of judgment: 23 March 2021

Catchwords: PRACTICE AND PROCEDURE – general protections court application under Fair Work Act 2009 (Cth) – application for extension of time under s 370(a)(ii) – whether applicant has satisfied the Court that an extension of time of 20 days is appropriate Held: application for extension of time granted

Legislation: Fair Work Act 2009 (Cth), s 370(a)(ii)

Cases cited: Clarke v Service to Youth Council Incorporated [2013] FCA 1018 Molony v ATM Logistics Pty Ltd [2018] FCA 640

Division: Fair Work Division

Registry: Victoria

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 6

Date of hearing: 23 March 2021

Counsel for the Applicant: Maurice Addison

Solicitor for the Applicant: Maddison & Associates

Counsel for the Respondent: Leigh Howard

Solicitor for the Respondent: Piper Alderman

ORDERS VID 493 of 2020

BETWEEN: MARITESS EGUIA Applicant

AND: CPB CONTRACTORS PTY LTD Respondent

order made by: ANDERSON J DATE OF ORDER: 23 MARCH 2021

THE COURT ORDERS THAT:

1. Pursuant to s 370(a)(ii) of the Fair Work Act 2009 (Cth), the Applicant has leave to commence this proceeding out of time. 2. There will be no Order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

(Revised from the transcript)

ANDERSON J:

Introduction 1 The applicant applies for leave to proceed under s 370(a)(ii) of the Fair Work Act 2009 (Cth) (FW Act). The applicant was employed by the respondent between 8 April 2019 and 25 September 2019 as an ICT Projects Manager on one of the respondent's projects, the West Gate Tunnel Project. 2 Section 370 of the FW Act bars applicants from taking disputes under Part 3-1 unless two preconditions are satisfied. First, the Fair Work Commission must have issued a certificate under s 368(3)(a) of the FW Act: FW Act, s 370(a)(i). In this matter, such a certificate was issued by the Fair Work Commission on 19 June 2020. Second, s 370 requires the application to court to be made within 14 days after the certificate is issued, "or within such period as the court allows on an application made during or after those 14 days": FW Act, s 370(a)(ii). 3 It is the applicant's application under s 370(a)(ii) of the FW Act that is presently before the Court.