Adrian Wills v Staff Australia Payroll Services Pty Ltd T/A Staff Australia

[2017] FWC 3265

[2017] FWC 3265

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Adrian Wills
v
Staff Australia Payroll Services Pty Ltd T/A Staff Australia
(U2017/2971)

COMMISSIONER MCKINNON MELBOURNE, 15 JUNE 2017

Application dismissed – s.399A.

[1] On 17 March 2017 the Australian Manufacturing Workers Union (AMWU) lodged an application pursuant to s.394 of the Fair Work Act 2009 (the Act) for a remedy for unfair dismissal in respect of the termination of employment of Mr Adrian Wills (the applicant) by Staff Australia Payroll Services Pty Ltd (the respondent).

[2] The matter was listed for a telephone conciliation conference on 20 April 2017.

[3] On 13 April 2017, the AMWU advised that it had been unable to contact the applicant and filed a Form F54 Notice of Representative Ceasing to Act. The Commission emailed the applicant asking him to urgently provide his contact number to the Commission for the scheduled conciliation conference. The applicant did not respond to the request.

[4] On 18 April 2017, the Commission emailed the applicant and asked him to confirm his contact number for conciliation. The applicant did not provide any response and the conference listed for 20 April 2017 was cancelled.

[5] On 20 April 2017, an email was sent to the applicant and the respondent confirming that the conciliation conference listed that afternoon had been cancelled as the applicant was not contactable. The email advised that the matter would be referred to the Commissions’ Unfair Dismissal Arbitration Team.

[6] A Notice of Listing and Directions was sent to the applicant and the respondent on 2 May 2017 requiring, among other things, that the applicant lodge and serve any documents in support of an extension of time for lodgement of his application with the Commission by 10 May 2017. An extension of time application conference/hearing was set down for 2 June 2017.

[7] On 16 May 2017 and 19 May 2017, the Commission emailed the applicant about his failure to comply with Directions to lodge and serve documents in support of his application and requested him to contact the Commission urgently about the status of his submissions. Once again no response was received.

[8] The file was allocated to me on 26 May 2015.

[9] On 2 June 2017, I conducted a conference in the matter and both parties failed to appear.

[10] On 2 June 2017, the Commission wrote to the applicant advising him that unless he contacted the Commission by close of business 9 June 2017, his application would be dismissed. The letter was sent by Express Post to the address noted on his application under s.394.

[11] On 2 June 2017, the Commission also wrote to the respondent inviting it to consider whether to make an application under s.399A that the matter be dismissed.

[12] No response was received from the applicant by the Commission by 9 June 2017, and on 5 June 2017 the respondent applied to have the matter dismissed under s.399A. The applicant has been given ample opportunity to pursue his application and has repeatedly failed to respond to requests from the Commission for contact information or documents supporting his application.

[13] In all the circumstances, I have decided to dismiss the application under s.399A of the Act on the grounds that the applicant has unreasonably failed to comply with directions of the Commission relating to his application.

[14] The application is dismissed.

COMMISSIONER

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