Anthony Glowacki v Twentieth Superpace Nominees Pty Ltd T/A Sct Logistics

[2011] FWA 3034

[2011] FWA 3034

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.773—Termination of employment

Anthony Glowacki
v
Twentieth Superpace Nominees Pty Ltd T/A SCT Logistics
(C2011/3852)

COMMISSIONER BISSETT MELBOURNE, 17 MAY 2011

Application to deal with an unlawful termination dispute - application dismissed.

[1] On 31 March 2011 Mr Anthony Glowacki (the Applicant) made an application for Fair Work Australia to deal with an unlawful termination dispute under s.773 of the Fair Work Act 2009 (the Act).

[2] The matter was listed for a conference on 20 April 2011.

[3] Prior to the conference, the representative of Twentieth Superpace Nominees Pty Ltd T/A SCT Logistics (SCT) advised my chambers that SCT was not the employer and that the Applicant was employed by a labour hire company - TSS. As a consequence of this advice the conference listed for 20 April 2011 was cancelled and I wrote to the Applicant advising him of this and enclosing a copy of the letter from SCT’s representative.

[4] The Applicant has not replied to that correspondence.

[5] I accept the advice of SCT that it is not the employer. As a consequence I dismiss the application on the grounds that it has no reasonable prospect of success

COMMISSIONER

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