An overview of legal procedure & case law
You can apply to the Fair Work Commission to deal with a jobkeeper dispute under the coronavirus economic recovery provisions in the Fair Work Act 2009 if you are:
A national system employee is employed, or usually employed, by a national system employer (see s.13 of the Fair Work Act). In some circumstances, textile, clothing and footwear industry contract outworkers are taken to be national system employees (see s.789BB of the Fair Work Act).
A national system employer is an employer covered by the national workplace laws (see s.14 of the Fair Work Act).
Who is covered by national workplace relations laws?
The national workplace relations system covers:
Section 586 of the Fair Work Act provides a power for the Commission to correct or amend an application, or waive an irregularity in the form or manner in which an application is made.[1]
An applicant can apply to the Commission to amend an application if they have made a mistake on the form such as misspelling the name or not providing the full name of the employer. In certain circumstances, this power may also be used to substitute the name of the employer.[2]
[1] Fair Work Act s.586; see Narayan v MW Engineers Pty Ltd [2013] FWCFB 2530 (Ross J, Sams DP, Bull C, 29 April 2013) at para. 6, [(2013) 231 IR 89].
[2] See for example Djula v Centurion Transport Co. Pty Ltd [2015] FWCFB 2371 (Catanzariti VP, Harrison SDP, Bull C, 12 May 2015) at para. 28.