Anthony Benedetti v J B Caravans Pty Ltd T/A J B Caravans

[2014] FWC 5653

[2014] FWC 5653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365—General protections

Anthony Benedetti
v
J B Caravans Pty Ltd T/A J B Caravans
(C2014/4574)

COMMISSIONER BLAIR MELBOURNE, 20 AUGUST 2014

Application to deal with contraventions involving dismissal.

[1] This matter arises out of an application made under s.365 of the Fair Work Act 2009 (the Act) by Mr Anthony Benedetti (the Applicant) against J B Caravans Pty Ltd t/as J B Caravans (the Respondent).

[2] The matter was first dealt with by the Fair Work Commission (the Commission) by way of conference on 17 June 2014, at which time an objection in relation to extension of time for lodging the originating application was raised. The matter was then set down for hearing in relation to the extension of time objection on 13 August 2014.

[3] Further to the decision handed down in transcript at the hearing on 13 August 2014, the Commission is satisfied that the Applicant’s reasons for not complying with the time limit for lodging applications do not meet the requirements for the Commission to exercise its discretion to grant an extension of time beyond 21 days.

[4] Therefore the application is dismissed.

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