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Soledad Degendorfer v Australian Skin Clinics Knox Pty Ltd [2025] FWC 1007 | Case summary | Zoe

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Home/Cases/[2025] FWC 1007

CTHFWC

Soledad Degendorfer v Australian Skin Clinics Knox Pty Ltd [2025] FWC 1007

[2025] FWC 1007

Fair Work Commission|2025-05-14

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General information, not legal advice.

At a glance

Source facts

Court

Fair Work Commission

Decision date

2025-05-14

Source

Original judgment source is linked above.

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Judgment (5 paragraphs)

[1]

The application under s.365 of the made by Ms Soledad Degendorfer on 6 March 2025 is dismissed.

Fair Work Act 2009

[2]

[30] This decision does not impact Ms Degendorfer's unfair dismissal application, which has been heard and a decision reserved.

[3]

[1] Ioannou v Northern Belting Services Pty Ltd [2014] FWCFB 6660.

[4]

[2] Ioannou v Northern Belting Services Pty Ltd [2014] FWCFB 6660.

[5]

Printed by authority of the Commonwealth Government Printer

Parties

Applicant/Plaintiff:

Soledad Degendorfer

Respondent/Defendant:

Australian Skin Clinics Knox Pty Ltd [2025] FWC 1007

Legislation Cited (2)

Work Act 2009

Fair Work Commission Rules 2013

Cases Cited (9)

Soledad Degendorfer v Australian Skin Clinics Knox Pty Ltd [2025] FWC 1007 (14 May 2025)

Bowker v DP World Melbourne Ltd [2014] FCAFC 117
Singh v Aerocare Pty Ltd [2016] FCA 284
Bayford v Maxxia Pty Ltd [2011] FWA 5675
Gong v Yihong Developments Pty Ltd [2017] FCCA 2350.

"Bowker v DP World Melbourne Ltd [2014] FWCFB 9227 - clarified jurisdictional flexibility in handling overlapping workplace conduct claims.

Singh v Aerocare Pty Ltd [2016] FWC 6186 - emphasised that substance and factual basis are determinative of jurisdiction, not technical labels.

Bayford v Maxxia Pty Ltd [2011] FMCA 202 - confirmed employment may exist based on conduct and treatment by employer.

Gong v Yihong Developments Pty Ltd [2017] FCCA 2350 - cessation of duties after transfer of control can constitute dismissal.
Sibanda v Optus [2021] FWC 84 - upheld concurrent hearing of matters to ensure just and efficient resolution of related workplace claims."

"Construction Forestry Mining & Energy Union v BHP Coal Pty Ltd [2014] HCA 41; (2014) 253 CLR 243

Ponce v DJT Staff Management Services Pty Ltd [2010] FWAFB 5707

(2014) 253 CLR 243

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