News
Successful Fair Work outcome for AMA (WA) Private Practice member
Tuesday June 10, 2025
The AMA (WA) Industrial Relations Team recently achieved a successful outcome on behalf of a private practice member in a Fair Work Commission (FWC) matter, with the case ultimately dismissed.
The matter involved an applicant who had participated in a standard recruitment process for a receptionist role at the medical practice. After being advised they were unsuccessful, the applicant lodged a general protections dismissal claim with the FWC.
They alleged that a job offer had been made during an interview with a senior receptionist, that they had commenced on-the-job training, and were subsequently dismissed due to discriminatory reasons, including race and religion — protected attributes under the Fair Work Act 2009.
Representing the respondent, the AMA (WA) Industrial Relations Team lodged a jurisdictional objection. The team argued that no formal offer of employment had been made, the applicant had not commenced work, and no employment relationship had been formed. The alleged discrimination claims were also strongly refuted. Evidence from multiple staff members involved in the recruitment process was presented at the hearing, directly challenging the applicant’s version of events.
Notably, the applicant failed to attend the hearing. As a result, their witness evidence could not be cross-examined or tested, significantly undermining the credibility of their claims and reinforcing the strength of the respondent’s evidence.
The Commissioner found that no employment relationship had been established — either verbally or in writing — and that the applicant had not commenced work with the respondent. As such, the Commission determined it lacked jurisdiction to hear the claim, and the application was dismissed.
This outcome highlights the importance of clear recruitment processes and robust representation. The AMA (WA) Industrial Relations Team provides expert advice and advocacy for private practice members, including representation before the Fair Work Commission and WA Industrial Relations Commission. If you require guidance on an employment matter or find yourself in a similar situation, contact our Industrial Relations Team at industrial@amawa.com.au for a confidential consultation.
