Printed by authority of the Commonwealth Government Printer
Parties
Applicant/Plaintiff:
Kyla Gardiner
Respondent/Defendant:
Jaybro Group Pty Ltd. [2025] FWC 3638
Legislation Cited (1)
Work Act 2009
Cases Cited (2)
Kyla Gardiner v Jaybro Group Pty Ltd. [2025] FWC 3638 (27 November 2025)
[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.