Darren Bate v Babar North Quarter (ACT) Pty Ltd

[2012] FWA 10221

[2012] FWA 10221

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Darren Bate
v
Babar North Quarter (ACT) Pty Ltd
(U2012/6570)

COMMISSIONER DEEGAN CANBERRA, 4 DECEMBER 2012

Application for unfair dismissal remedy, jurisdictional objection, small business, applicant had not been employed for minimum employment period, application dismissed.

[1] An application was filed by Mr Darren Bate (the applicant) for relief in respect of the termination o his employment by Babar North Quarter (ACT) Pty Ltd (the employer).

[2] The employer claimed that Fair Work Australia had no jurisdiction to deal with the application as the employer was a small business employer, as defined in s.23 and for the purposes of s.383 of the Fair Work Act 2009, and the applicant had not completed the minimum employment period.

[3] The employer’s objection was subject to a hearing. The applicant failed to attend the hearing or to in any way contest the employer’s claim to be a small business.

[4] On the basis of the evidence given by the representative of the employer I am satisfied that, as at the date of termination of the applicant’s employment, the employer was a small business and the applicant, on the information supplied in the application, had not been employed by the respondent for the minimum period of employment.

[5] The application is dismissed.

COMMISSIONER

Appearances:

No appearance for the applicant.

Mr Apostolopoulos, General Manager, for the respondent.

Hearing details:

2012.

Canberra

September, 20.

December 3.

Printed by authority of the Commonwealth Government Printer

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