Christopher Thomas v Unison Systems T/A Cleaners

[2015] FWC 3578

[2015] FWC 3578

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Christopher Thomas
v
Unison Systems T/A Cleaners
(U2015/4795)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 27 MAY 2015

Application for relief from unfair dismissal.

[1] On 14 April 2015, Mr Christopher Thomas made an application for remedy for unfair dismissal pursuant to section 394 of the Fair Work Act 2009 (the Act).

[2] On 17 April 2015, correspondence was sent to Mr Thomas advising that on the basis of the information provided to the Commission, it appeared that Unison Systems T/A Cleaners may not be a national system employer. Mr Thomas was advised to seek legal advice. It was also suggested that he contact the Employment Law Centre of Western Australia for information about lodging an application with the Western Australian Industrial Relations Commission. This correspondence also advised Mr Thomas that his application appeared to have been made outside the 21 day time frame and that the Commission must first determine whether to grant him an extension of time.

[3] On 24 April 2015, Unison Systems provided a copy of an extract from the ASIC database. It showed that the Business Name Unison Systems is owned by a partnership between Susan Nettleton and Kevin Nettleton. The Pay slip provided to Mr Thomas is issued by the partnership. The ABN on the payslip is the ABN of the partnership.

[4] On 28 April 2015, Mr Thomas provided an outline of argument regarding an extension of time.

[5] On 29 April 2015, correspondence was sent to Mr Thomas requesting he provide submissions in relation to whether the Unison Systems was a national system employer. Mr Thomas was requested to provide a response by 11 May 2015.

[6] On 13 May 2015, further correspondence was sent to Mr Thomas seeking a response by 20 May 2015.

[7] To date, no response has been received from Mr Thomas.

[8] As there are no disputed facts, I determined the matter on the material before me. As Unison Systems is not a national system employer, Mr Thomas was not protected from unfair dismissal and his application is dismissed.

DEPUTY PRESIDENT

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