Edward Wells v Cowra Machinery Centre

[2013] FWC 9250

[2013] FWC 9250

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Edward Wells
v
Cowra Machinery Centre
(U2013/2743)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 22 NOVEMBER 2013

Application for relief from unfair dismissal withdrawn.

[1] On 15 August 2013, Mr Edward Wells made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] The matter was listed for conciliation on 16 October 2013. Conciliation could not take place as Mr Wells did not attend.

[3] On 22 November 2013, Mr Wells advised the Fair Work Commission (the Commission) by email that he no longer wanted to continue with his application.

[4] Mr Wells contact the Commission by telephone. Once again he confirmed that he no longer wanted to continue with the application. The Commission advised Mr Wells of the formalities of discontinuing an application and asked whether he wanted to file a completed Form F50 - Notice of Discontinuance (Form F50) or alternatively, a Member may waive compliance with the Fair Work Rules 2010 (the Rules) and withdraw the application as a consequence of his advice. Mr Wells advised that the latter was his preference.

[5] Having regard to the material before me, I am satisfied that given Mr Wells’ advice, that he no longer wanted to prosecute his application, he intended to discontinue his application but has not filed a Form F50.

[6] Section 588 of the Act provides:

588 Discontinuing applications

A person who has applied to the FWC may discontinue the application:

(a) in accordance with the procedural rules (if any); and

(b) whether or not the matter has been settled.

[7] I have decided to waive compliance with the Fair Work Rules 2010 (the Rules).

[8] Rule 4 of the Rules provides that the Commission may dispense with compliance with the Rules. I have decided to waive compliance with the requirement that Mr Wells file and serve a Form F50 as I am satisfied that Mr Wells has discontinued his application.

[9]
The application is therefore, discontinued.

DEPUTY PRESIDENT

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