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[2025] FWC 1711
General information, not legal advice.
Fair Work Commission
2025-06-23
Original judgment source is linked above.
The Applicant, Ms Qingchun Wang, appeared for herself.
Mr Darren Gardner, Partner, Bartier Perry lawyers, appeared with permission for the Respondent (RSL Care RNDS Limited).
[1] Digital Hearing or Court Book (CB), p.28.
[4] Stogiannidis v Victorian Frozen Foods Distributors Pty Ltd [2018] FWCFB 901.
[6] (1964) 38 ALJR 293, at 301.
[7] Section 366(2)(a) of the Fair Work Act 2009 (Act).
[8] Bianca Mamo v ICLED Australia Pty Limited T/A Signs National Group [2021] FWC 3903.
[9] Stogiannidis v Victorian Frozen Foods Distributors Pty Ltd [2018] FWCFB 901, at [39]-[40].
[11] Shaw v ANZ Bank [2015] FWCFB 287, at [12].
[12] Applicant's Outline of Submissions dated 29 May 2025; CB, p.53. The Applicant submits that she had to take on more shifts in her alternative jobs after the loss of her primary employment with the Respondent, causing her working hours to increase from approximately 57.25 hours per fortnight to approximately 61-74.75 hours per fortnight (with longer work commute times). By way of evidence, the Applicant annexed screenshots of what appear to be work shifts (for work not undertaken at the Respondent company) CB, pp.56-58. The Applicant also states that her commute to her shifts exceeded approximately 2 hours per day. The Applicant further submits that she applied for several jobs after her termination, and annexes a screenshot of a list of 28 jobs she applied for (CB, p.29). In addition, the Applicant contends that she was responsible for managing household responsibilities during the relevant period.
[13] Respondent's Outline of Submissions dated 27 May 2025, at [16]; CB, p.69.
[18] Respondent's Outline of Submissions dated 27 May 2025, at [24]; CB, p.71.
[20] Section 366(2)(b) of the Act.
[21] Section 366(2)(c) of the Act.
[22] Miller v DPV Health Ltd [2019] FWCFB 6890, at [21] (citing Ozsoy v Monstamac Industries Pty Ltd [2014] FWCFB 2149, at [38]).
[23] Section 366(2)(d) of the Act.
[26] Kornicki v Telstra-Network Technology Group Print PR3168, 22 July 1997 (Ross VP, Watson SDP, Gay C).
[27] Applicant's Form F8 Application; CB, p.20.
[28] Applicant's Outline of Submissions; CB, p.55.
[31] Ibid, p.37 - the Applicant signed a contract of employment expressly providing that her employment could be dismissed during her six month probation period on only one week's notice.
[32] Section 366(2)(e) of the Act.
[33] Pitrau v Barrick Mining Services Pty Ltd [2012] FWA 8363; (2012) 255 IR 144, per McCarthy DP, at 151-152, [37].
[34] See Stogiannidis v Victorian Frozen Food Distributors Pty Ltd T/A Richmond Oysters [2018] FWCFB 901.
[35] [2011] FWAFB 975, at [13].
Printed by authority of the Commonwealth Government Printer
Qingchun Wang
RSL Care RNDS Limited [2025] FWC 1711
"Finally, to require that regard be had to a particular matter in making a discretionary judgment is not to require that that matter shall be allowed an actual influence upon the ultimate result. The matter is to be considered for such bearing as it may have upon the question to be decided, and it is to be allowed such weight (if any) as the tribunal thinks it ought to be given; but if the tribunal thinks it ought to have no weight, then no weight is required to be given to it: cf. Beresford v Ward [1961] YR 632, at 634."
(1964) 38 ALJR 293
(1995) 67 IR 298
(2012) 255 IR 144