Fair Work Act 2009

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Aprile Whitley v Cuddles Childcare Group Pty Ltd [2026] FWC 381 | Case summary | Zoe

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Home/Cases/[2026] FWC 381

CTHFWC

Aprile Whitley v Cuddles Childcare Group Pty Ltd [2026] FWC 381

[2026] FWC 381

Fair Work Commission|2026-02-06

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At a glance

Source facts

Court

Fair Work Commission

Decision date

2026-02-06

Source

Original judgment source is linked above.

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Judgment (2 paragraphs)

[1]

The application under s.394 of the (Cth) made by Ms Aprile Whitley on 29 October 2025 is dismissed.

Fair Work Act 2009

[2]

Printed by authority of the Commonwealth Government Printer

Parties

Applicant/Plaintiff:

Aprile Whitley

Respondent/Defendant:

Cuddles Childcare Group Pty Ltd [2026] FWC 381

Legislation Cited (1)

Work Act 2009

Cases Cited (2)

Aprile Whitley v Cuddles Childcare Group Pty Ltd [2026] FWC 381 (6 February 2026)

[7] The power under s.587 should be used with caution, particularly if the matter involves complex questions of fact or law (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [11]- [16] (Bond)). An application should not be dismissed under s.587 unless it is very clear that there are no reasonable prospects of success. As such the power under s.587 is not available if there are disputed facts that could affect the outcome of the proceedings.

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