TERMINATION OF EMPLOYMENT – amendment of application – unlawful termination – ss.365, 773 Fair Work Act 2009 – r.6, 8 Fair Work Commission Rules 2013 – application to deal with an unlawful termination dispute under s.773 FW Act – as respondent a constitutionally covered entity, applicant sought to amend application to one under s.365 of FW Act – applicant submitted did not initially file under s.365 because did not receive legal advice and thought was using correct form – general requirement under Rule 8(2) of FWC Rules to lodge application using correct approved form – Commission has broad discretion under Rule 6 to dispense with Rules – Commission held applicant attempted to promptly challenge dismissal and was within 21 day timeframe albeit lodging incorrect form – amendment sought at early stage – would not fundamentally alter nature of application – sufficient justification under Rule 6 to dispense with general requirement to comply with Rule 8(2) – Rule 6 invoked – Commission satisfied appropriate to amend application to application under s.365 of FW Act – order reflecting amendment issued. O’Keeffe v Sucasas P/L t/a Tapavino
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