Amanda Brown v Plumbfast Pty Ltd

[2015] FWC 5248

[2015] FWC 5248

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Amanda Brown
v
Plumbfast Pty Ltd
(U2015/5868)

COMMISSIONER RYAN MELBOURNE, 31 JULY 2015

Application for relief from unfair dismissal – jurisdictional objection – small business - minimum period of employment not served.

[1] Pursuant to s.601 of the Fair Work Act 2009 (the Act) I reduce to writing the decision given orally in transcript today in relation to an application made by Ms Amanda Brown (the Applicant) for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 in relation to the termination of her employment by Plumbfast Pty Ltd (the Respondent).

[2] I find that the Applicant has not served the minimum employment period of 12 months with the Respondent, as required by s.383 of the Act.

[3] As such, the application must be dismissed and I so order.

[4] The reasons for decision are those given orally in transcript.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR570046>