Application by Kent Gardner

[2024] FWC 3408

[2024] FWC 3408

FAIR WORK COMMISSION

DECISION AND ORDER

Fair Work Act 2009

s.372—General protections

Application by Kent Gardner

(C2024/5741)

DEPUTY PRESIDENT EASTON SYDNEY, 6 DECEMBER 2024

Application to deal with other contraventions dispute – application not made in accordance with the Act – application dismissed.

1. On 9 August 2024 Mr Kent Gardner made a general protections not involving dismissal application to the Fair Work Commission under s.372 of the Fair Work Act 2009 (Cth).

1. For the reasons that follow I am satisfied that Mr Gardner’s application has not been made in accordance with the Act and that it is appropriate to dismiss the application.

1. Mr Gardner’s application relates to events that he says occurred in 2002 and was incomplete insofar as the Respondent’s details were not properly completed and his application.

1. Section 587(1)(a) confers a discretion on the Commission to dismiss the applications that are not made in accordance with the Act.

1. I am satisfied that Mr Gardner has had the opportunity to put his case for consideration on all materials material to the making of the decision to dismiss his application under s.587 (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]-[16] and the cases cited therein).

1. I make the following order:

1. The application under s.372 of the Fair Work Act 2009 (Cth) made by Mr Kent Gardner on 9 August 2024 is dismissed.

DEPUTY PRESIDENT
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