Adam Taylor v Wyong Town Financial Services Ltd T/A Wyong Community Bank

[2013] FWC 8460

[2013] FWC 8460

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.372 - Application to deal with other contravention disputes

Adam Taylor
v
Wyong Town Financial Services Ltd T/A Wyong Community Bank
(C2013/5937)

COMMISSIONER MCKENNA SYDNEY, 29 OCTOBER 2013

Application to deal with other contraventions dispute.

[1] Adam Taylor (“the applicant”) lodged an application pursuant to s.372 of the Fair Work Act 2009 (“the Act”) to deal with other contraventions disputes. A conference by telephone on 19 September 2013 involving representatives of the respondent, Wyong Town Financial Services Ltd T/A Wyong Community Bank, did not result in a resolution of the dispute. The matter was stood over pending the filing of a Notice of Discontinuance.

[2] The file record discloses that despite various attempts by my Associate in telephone and emailed communications to contact the applicant concerning the filing and service of a Notice of Discontinuance, none has been received. Recent emailed correspondence was forwarded to the applicant advising that if a Notice of Discontinuance was not received by close of business on 25 October 2013, the application would be dismissed.

[3] Given the history of matters since 19 September 2013, and given that a Notice of Discontinuance has not been received from the applicant, I have decided to now dismiss the application pursuant to s.587(3) of the Act. I note the applicant retains a capacity to pursue a general protections court application should he so choose.

COMMISSIONER

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