Brandon Vella v Australian Training Company

[2020] FWC 4863

[2020] FWC 4863

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Brandon Vella
v
Australian Training Company
(U2020/9074)

COMMISSIONER RIORDAN SYDNEY, 14 SEPTEMBER 2020

Application for an unfair dismissal remedy.

[1] On 2 July 2020, Mr Brandon Vella (the Applicant) made an application for an unfair dismissal remedy under s.394 of the Fair Work Act 2009 (the Act).

[2] The Applicant’s application stated that he commenced employment, as a Trainee, with the Australian Training Company (the Respondent) on 2 December 2019 and that his dismissal took effect on 12 June 2020.

[3] On 4 September 2020, I called the matter on for a Conference. At the Conference, the Respondent submitted that the Commissioner for Vocational Training had determined not to terminate the Applicant’s traineeship and had ordered the Respondent to attempt to find the Applicant a placement with a new host employer.

[4] Section 587(1) of the Act provides:

587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

(2) Despite paragraphs (1)(b) and (c), FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or

(b) has no reasonable prospects of success.

(3) FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.

[5] In the current circumstances, I have decided to dismiss the application pursuant to s.587(3)(a) of the Act. The Applicant has been suspended but not dismissed. As such, the Commission has no jurisdiction to hear the matter (section 587 (1)(a)).

[6] I so Order

COMMISSIONER

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