Christopher Shane Sams v GPC - Napa Auto Parts Australia

[2025] FWC 1502

[2025] FWC 1502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.773—Termination of employment

Christopher Shane Sams
v

GPC – Napa Auto Parts Australia

(C2025/3653)

DEPUTY PRESIDENT O’NEILL MELBOURNE, 5 JUNE 2025

Application to deal with an unlawful termination dispute – dismissal under s.587(1)(a) at the Commission’s initiative.

1. On 7 May 2025, Christopher Shane Sams lodged a Form F9 – Application to deal with an unlawful termination dispute under s.773 of the Fair Work Act 2009.

1. For the following reasons I am satisfied that Mr Sams’ application was not made in accordance with the Act and should be dismissed.

1. On 7 May 2025, Commission staff contacted Mr Sams via telephone and email. Mr Sams was advised that the Respondent he had listed in his application appeared to be a national systems employer, and this would mean that he could make a general protections application. The correspondence included information on the different types of applications that deal with dismissal and further stated:

“If you can make a general protections application, then you can’t make an unlawful termination application.

There are strict time limits. You need to decide which application you want to make as soon as you can.”

1. Further telephone attempts to contact Mr Sams were made by the Commission on 14 and 20 May 2025. On 22 May 2025 my Chambers emailed Mr Sams requiring a response by 30 May 2025, and warning him that if no response was received his application would be at risk of being dismissed without further notice. No response has been received.

1. Pursuant to s.723 of the Act, a person entitled to make a general protections application must not make an unlawful termination application.

Section 587 – General Principles

1. Section 587 allows the Commission to dismiss an application on the Commission’s own initiative in the early stages of the proceedings. Mr Sams has been given ample opportunity to provide a response to the Commission’s enquiries. He has not responded to multiple enquiries and warnings that his application may be dismissed. I am persuaded that Mr Sams has lodged an unlawful termination application when he is entitled to make a general protections application, in contradiction of s.723 of the Act, which is expressed in mandatory terms. Having regard to this and the lack of response from Mr Sams, I am satisfied that Mr Sams’ application should be dismissed under s.587(1)(a) of the Act, because it has not been made in accordance with the Act. I make the following order:

1. The application under s.773 of the Fair Work Act 2009 (Cth) made by Mr Christopher Shane Sams on 7 May 2025 is dismissed.

DEPUTY PRESIDENT

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