Darren Barker v Bathroom Werx Australia Pty Ltd

[2019] FWC 8405

[2019] FWC 8405

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Darren Barker
v
Bathroom Werx Australia Pty Ltd
(U2019/12232)

COMMISSIONER BISSETT MELBOURNE, 12 DECEMBER 2019

Order to amend Respondent’s ABN and ACN.

[1] On 4 November 2019, Mr Darren Barker (Applicant) made an application to the Fair Work Commission (Commission) for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (FW Act).

[2] On the Form F2 unfair dismissal application, the Applicant named Bathroom Werx Australia Pty Ltd as the Respondent. The Applicant noted the Respondent’s Australian Business Number (ABN) as ‘86 076 766 357’ and the Respondent’s Australian Company Number (ACN) as ‘076 766 357’.

[3] On 4 December 2019, the Applicant’s representative filed with the Commission a Form F1 application pursuant to s.586 seeking to correct the details provided on the Form F2 unfair dismissal application. In the Form F1, the Applicant’s representative advised that the amendment sought was due to an administrative error made by the Applicant in listing the ABN and ACN of ‘Bathroom Werx Pty Ltd’, rather than those relevant for ‘Bathroom Werx Australia Pty Ltd’. The Form F1 application sought to amend the Respondent’s ABN from ‘86 076 766 357’ to ‘29 007 195 557’ and to amend the Respondent’s ACN from ‘076 766 357’ to ‘007 195 557’.

[4] On 6 December 2019, the Commission emailed correspondence to the Respondent attaching a copy of the Form F1 application and sought their views on the application.

[5] On 9 December 2019, the Respondent emailed correspondence to the Commission advising that they object to the Applicant’s Form F1 application on the following grounds:

•  The Form F1 had been lodged outside the 21-day statutory time limit;

•  The Respondent is a small business employer covered by the Small Business Code of Conduct. Thus, the Applicant is not eligible to lodge a Form F2 unfair dismissal application; and

•  The Applicant’s claim is vexatious.

[6] On 10 December 2019, the Commission telephoned the Respondent to advise that the statutory time limit of 21-days is applicable to the lodgment of a Form F2 unfair dismissal application rather than any Form F1 applications.

[7] Section 586 of the FW Act states:

Correcting and amending applications and documents etc.

The FWC may:

(a) allow a correction or amendment of any application, or other document relating to a matter before the FWC, on any terms that it considers appropriate; or

(b) waive an irregularity in the form or manner in which an application is made to the FWC.

[8] I have considered the views provided by both parties in relation to the Applicant’s Form F1 application. I consider that there would be no prejudice caused to the Respondent in correcting the administrative error and amending the named ABN and ACN. Thus, I consider it appropriate to allow the amendment sought by the Applicant.

[9] Pursuant to s.586(a) of the FW Act, the Respondent’s ABN and ACN are to be amended to ‘29 007 195 557’ and ‘007 195 557’ respectively. An order 1 to this effect will be issued with this decision.

COMMISSIONER

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