Eduardo T Sampang Jr v BT Australasia Pty Ltd T/A BT Group plc

[2013] FWC 8901

[2013] FWC 8901

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.372 - Application to deal with other contravention disputes

Eduardo T Sampang Jr
v
BT Australasia Pty Ltd T/A BT Group plc
(C2013/1589)

COMMISSIONER MCKENNA SYDNEY, 12 NOVEMBER 2013

Application to deal with other contraventions dispute.

[1] Eduardo T Sampang Jr (“the applicant”) lodged an application pursuant to s.372 of the Fair Work Act 2009 (“the Act”) to deal with other contraventions disputes. On 9 October 2013, a notice of listing was issued listing the matter for conference on 18 October 2013. On 17 October 2013, BT Australasia Pty Ltd (‘the respondent”) lodged a Form F8A - Employer’s Response, indicating that it did not agree to participate in a conference to resolve the dispute. On the same day the parties were advised by email that, because the respondent did not agree to participate in a conference, the listing was vacated and the matter was stood over pending the filing of a Notice of Discontinuance within seven days.

[2] No further correspondence was received by the applicant. On 5 November 2013, emailed correspondence was forwarded to the applicant advising that if the Notice of Discontinuance was not received by 4:00pm on 8 November 2013, the application would be dismissed.

[3] Given the history of matters since 17 October 2013, and given that a Notice of Discontinuance has not been received from the applicant, I have decided to now dismiss the application pursuant to s.587(3) of the Act. I note the applicant retains a capacity to pursue a general protections court application should he so choose.

COMMISSIONER

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