Craig Irving v Aging Disability and Home Care (ADHC) T/A the Department of Family and Community Services

[2015] FWC 1945

[2015] FWC 1945

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365—General protections

Craig Irving
v
Aging Disability and Home Care (ADHC) T/A The Department of Family and Community Services
(C2015/1311)

DEPUTY PRESIDENT LAWRENCE SYDNEY, 20 MARCH 2015

Application to deal with contraventions involving dismissal.

[1] On 7 January 2015 Mr Craig Irving (the Applicant) lodged an application under s.365 of the Fair Work Act 2009 (the Act) for the Fair Work Commission (the Commission) to deal with a contravention involving a dismissal.

[2] The application alleged that there had been breaches of the General Protections Provisions of the Act.

[3] The matter was listed for conference before me on 20 March 2015.

[4] No response or contact was received from the employer until 19 March 2015 when the Manager, Employee Relations of the New South Wales Department of Family and Community Services contacted my chambers to advise that he had only just become aware of the application and the scheduled conference.

[5] I am satisfied that the Applicant was a New South Wales Public Servant and the employer respondent is a New South Wales Government Department.

[6] The application is therefore not with respect to action as defined by s.338 of the Act and is not, therefore, covered by the Act. The appropriate tribunal to deal with any issue relating to the Applicant’s employment or dismissal is the New South Wales Industrial Relations Commission.

[7] Accordingly, the application is dismissed for want of jurisdiction.

DEPUTY PRESIDENT

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