The applicant, formerly employed as a Caretaker by the respondent, sought reinstatement and claimed unfair dismissal before both the Western Australian Industrial Relations Commission (WAIRC) and the Fair Work Commission (FWC). The respondent, a national system employer, argued that the applicant's employment was covered by a federal award.

The WAIRC contacted both parties regarding the jurisdictional objection raised by the respondent and sought the views of the parties as to how they would like to proceed. The respondent reasserted their belief that the FWC was the appropriate body for the matter, while the applicant replied referencing his grievances with the respondent but not addressing the question of how to progress the claim. 

The WAIRC scheduled a hearing to determine the matter of the jurisdiction of the claim, at which the applicant submitted that he rejected the findings of the FWC in those proceedings, while the respondent maintained that the WAIRC lacked jurisdiction to hear the matter, and that the matter had been heard by the FWC with no jurisdictional issues raised. Considering the proceedings before the FWC and legal precedent precluding the WAIRC from dealing with applications heard already by the FWC, Commissioner Walkington determined that the Commission was unable to hear and determine the application and dismissed it accordingly.

The decision can be read here.