Federal Court of Australia
Federal Court of Australia
Gabriel v Titan Recruitment Pty Ltd [2023] FCA 1243 File number(s): VID 457 of 2023
Judgment of: MCELWAINE J
Date of judgment: 18 October 2023
Catchwords: INDUSTRIAL LAW – Application for extension of time to make a general protections court application pursuant to s 370 of the Fair Work Act 2009 (Cth) – application approximately 70 days out of time – where applicant has not sufficiently explained periods of delay following the issue of a certificate by the Fair Work Commission – where applicant has not addressed the merits of his application or explained nature of relationship with the second respondent – application dismissed
Legislation: Fair Work Act 2009 (Cth) s 370
Cases cited: Brodie-Hanns v MTV Publishing Ltd (1995) 67 IR 298 Gabriel v Titan Recruitment Pty Ltd [2023] FWC 230
Division: Fair Work Division
Registry: Victoria
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 9
Date of last submissions: 26 July 2023 (First Respondent) 24 August 2023 (Second Respondent) 7 September 2023 (Applicant)
Date of hearing: Determined on the papers
Counsel for the Applicant: The applicant appeared in person
Solicitor for the First Respondent: Johnson Winter Slattery
Solicitor for the Second Respondent: In-house counsel
ORDERS VID 457 of 2023
BETWEEN: ANGELITO 'ALLAN' GABRIEL Applicant
AND: TITAN RECRUITMENT PTY LTD First Respondent
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