UNFAIR DISMISSAL APPLICATION

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Carli-Lee Morris

APPLICANT

-v-

Rose Nowers Early Learning Centre

RESPONDENT

CORAM Commissioner C Tsang

DATE TUESday, 21 October 2025

FILE NO. U 95 OF 2025

CITATION NO. 2025 WAIRC 00870

Result Application dismissed

Representation

Applicant  No appearance

Respondent Ms A Blanks (of counsel)

Order

WHEREAS on 29 August 2025, the applicant filed a Form 2 – Unfair Dismissal Application, naming an incorporated association as the respondent;

AND WHEREAS on 10 September 2025, the respondent raised a jurisdictional objection on the basis that it is a national system employer, specifically that trading constitutes a significant proportion of its overall activities, and invited the applicant to discontinue the matter;

AND WHEREAS on 10 September 2025, the Commission wrote to the parties seeking the applicant’s views on the respondent’s position as to jurisdiction by 4pm on 12 September 2025;

AND WHEREAS no response was received from the applicant, but at 3:29pm on 12 September 2025, the applicant submitted a Form 1A – Multipurpose Form (Form 1A) to the Commission’s Registry, selecting the option on page 1 of ‘withdrawing or discontinuing an application or appeal’, but stating on page 5 that ‘I would like to know if I have to now put a claim in with the [Fair Work Commission] as I was told if I agree to discontinue this claim’;

AND WHEREAS on 15 September 2025, the Commission’s Registry wrote to the applicant seeking clarification of the applicant’s intentions for the Form 1A, as it was unclear whether the applicant wishes to discontinue the matter or if she was seeking an answer to a question, and requesting the applicant to respond by reply email;

AND WHEREAS no response was received from the applicant, and on 19 September 2025, the Commission wrote to the parties requesting the applicant to clarify her intentions by attending to one of the following by 4pm on 22 September 2025 (Options):

1. If it is the applicant’s intention to discontinue the matter: to (a) submit an unequivocal Form 1A to the Commission’s Registry; or (b) indicate by email to the Commission, copying in the respondent, that she wishes to discontinue the matter;

2. If it is not the applicant’s intention to discontinue the matter: to outline her response to the respondent’s position as to jurisdiction;

AND WHEREAS no response was received from the applicant, and on 23 September 2025, the Commission wrote to the parties requesting the applicant to clarify her intentions by attending to one of the Options by 4pm on 24 September 2025. The Commission indicated that, given the jurisdictional issues, if no response is received by 4pm on 24 September 2025, the matter may be listed for a Show Cause Hearing for the applicant to show cause as to why the Commission should not issue an Order dismissing the matter under s 27(1) of the Industrial Relations Act 1979 (WA) for want of jurisdiction (i.e. on the basis that the Commission does not have jurisdiction to hear the matter). The Commission noted that any such Order is a matter of public record and will be published on the Commission’s website and in the Industrial Gazette;

AND WHEREAS no response was received from the applicant, and on 24 September 2025, the Commission wrote to the parties requesting unavailable dates for the listing of the Show Cause Hearing by 3 October 2025;

AND WHEREAS on 1 October 2025, unavailable dates were received from the respondent, and on 3 October 2025, the applicant responded, providing reasons for the delay in responding to the Commission’s correspondence and stated ‘I am not completely sure on dates at the moment. I will be able to provide these dates for a show cause hearing if needed by the 10/10/2025’;

AND WHEREAS on 3 October 2025, the Commission wrote to the parties clarifying that unavailable dates were requested for the listing of a Show Cause Hearing because the applicant had not responded to the Commission’s correspondence dated 19 September 2025 and 23 September 2025. The Commission indicated that the Show Cause Hearing will not be required if the applicant clarifies her intentions for the matter by attending to one of the Options by 4pm on 6 October 2025;

AND WHEREAS no response was received from the applicant, and on 13 October 2025, the Commission wrote to the parties and issued Notices of Hearing listing the Show Cause Hearing on Tuesday, 21 October 2025 at 11am. The Notices of Hearing state that the Commission may deal with the matter in a party’s absence if they do not attend the hearing. The Commission indicated that the Show Cause Hearing is listed for the applicant to show cause why the matter ought not be dismissed pursuant to s 27(1) of the Industrial Relations Act 1979 (WA) for want of jurisdiction (i.e. because the Commission does not have jurisdiction to hear the matter) or for want of prosecution (i.e. because the applicant has not actively prosecuted the matter, including by responding to the Commission’s correspondence). The Commission informed the applicant that if she does not attend the Show Cause Hearing that the Commission may issue an Order dismissing the matter for want of jurisdiction and/or for want of prosecution. The Commission indicated that the Order will outline the history and background of the matter, is a matter of public record and will be published on the Commission’s website and in the Industrial Gazette. The Commission informed the applicant that if she does not wish to pursue the matter, she can discontinue the matter, by either (a) submitting an unequivocal Form 1A to the Commission’s Registry; or (b) emailing the Commission, copied to the respondent, stating that she wishes to discontinue the matter. The Commission noted that if the matter is discontinued prior to the Show Cause Hearing that the Show Cause Hearing will be vacated;

AND WHEREAS no response was received from the applicant and the applicant did not attend the Show Cause Hearing, and having heard from Ms A Blanks (of counsel) on behalf of the respondent;

NOW THEREFORE, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders –

THAT application U 95 of 2025 is dismissed for want of jurisdiction.

Commissioner C Tsang