Federal Court of Australia
Federal Court of Australia
Mpinda v Fair Work Commission (No 3) [2024] FCA 1179 File number: WAD 235 of 2021
Judgment of: FEUTRILL J
Date of judgment: 11 September 2024
Date of publication of reasons: 9 October 2024
Catchwords: PRACTICE AND PROCEDURE – orders following determination of separate questions
Legislation: Fair Work Act 2009 (Cth) ss 394, 397 Federal Court Rules 2011 (Cth) rr 1.40, 30.02
Division: Fair Work Division
Registry: Western Australia
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 12
Date of hearing: 11 September 2024
Counsel for the Applicant: The Applicant appeared in person
Counsel for the First Respondent: Mr S Reeves
Solicitor for the First Respondent: Australian Government Solicitor
Counsel for the Second Respondent: Mr A Greenwood
Solicitor for the Second Respondent: Minter Ellison
Counsel for the Third Respondent: Mr J Siavelis
Solicitor for the Third Respondent: Gilchrist Connell
ORDERS WAD 235 of 2021
BETWEEN: CLAUDE MPINDA Applicant
AND: FAIR WORK COMMISSION First Respondent
WESTERN AREAS LTD Second Respondent
STEFAN BANOVICH Third Respondent
order made by: FEUTRILL J DATE OF ORDER: 11 SEPTEMBER 2024
THE COURT NOTES THAT:
A. The first respondent filed a submitting notice pursuant to r 12.01 of the Federal Court Rules 2011 (Cth) on 13 February 2023.
THE COURT ORDERS THAT:
1. The stay of the proceeding against the first respondent in paragraph 1 of the orders of 19 September 2022 be lifted. 2. There be a declaration to the effect that the applicant's application for an unfair dismissal remedy under s 394 of the Fair Work Act 2009 (Cth) against the second respondent and lodged with the first respondent on 23 September 2016 has not been discontinued or dismissed and the first respondent has not otherwise exercised power pursuant to s 397 of the Fair Work Act to conduct a conference or hearing to determine the merits of that application. 3. Pursuant to r 30.02 of the Rules, the proceeding against the third respondent be dismissed. 4. There be no order as to the costs of the proceeding up to the judgment on the separate questions determined on 28 June 2024. 5. Paragraphs 1, 2, 6 and 7 of the amended originating application be stood over for further directions or orders at a case management hearing. 6. The case management hearing be adjourned to 9.15am (AWST) on 5 February 2025. 7. The parties have liberty to apply to re-list the amended originating application or the case management hearing on short notice. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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