Brian Baxter v West Bay Holdings T/A Tyreways

[2014] FWC 472

[2014] FWC 472

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365—General protections

Brian Baxter
v
West Bay Holdings T/A Tyreways
(C2013/7698)

COMMISSIONER WILLIAMS PERTH, 20 JANUARY 2014

Application to deal with contraventions involving dismissal - multiple applications.

[1] This decision concerns a matter under the Fair Work Act 2009 (the Act) being application C2013/7698 which deals with alleged contraventions involving dismissal.

[2] The applicant has also made another application which is U2013/17413 which is an application for an unfair dismissal remedy.

[3] With respect to applications and complaints relating to dismissal, section 725 of the Act prevents multiple applications or complaints being made in relation to the same conduct. This section is set out below.

“725 General rule

A person who has been dismissed must not make an application or complaint of a kind referred to in any one of sections 726 to 732 in relation to the dismissal if any other of those sections applies.”

[4] Section 729 of the Act applies to application U2013/17413 and because section 728 applies to this application, C2013/7698, the applicant is prevented from making this application.

[5] Application C2013/7698 should not have been made and will be dismissed. An order to that effect will be issued in conjunction with this decision.

COMMISSIONER

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