Floyd Jeffrey Churnside v Western Australian Country Health Service (WACHS)

[2022] FWC 238

[2022] FWC 238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.372—General protections

Floyd Jeffrey Churnside
v

Western Australian Country Health Service (WACHS)

(C2021/7258)

COMMISSIONER WILLIAMS PERTH, 7 FEBRUARY 2022

Application to deal with other contraventions dispute – jurisdiction.

1. This decision concerns an application by Mr Floyd Jeffrey Churnside (the Applicant) under section 372 of the Fair Work Act 2009 (Cth) (the Act). The respondent is Western Australian Country Health Service (WACHS) (the Respondent).

Background

1. The Applicant lodged his application with the Commission on 26 October 2021. The Respondent filed its response on 13 December 2021, which outlined its jurisdictional objection. In summary that objection is that because the Respondent employer is a Western Australian Government statutory authority and is not a trading or financial corporation, it is not a constitutionally covered entity, nor a National Systems Employer as defined in the Act.[1] Therefore the Applicant was not able to make the application.

1. A conference between the parties was listed for 22 December 2021. The Applicant failed to attend the conference.

1. On 22 December 2021, the Commission issued a letter to the Applicant explaining the Respondent’s jurisdictional objection. The letter also stated that the preliminary view of the Commission is that the Respondent’s position is correct and consequently, the application should be dismissed.

1. The Applicant was directed to file submissions and witness statements in response to the Respondent’s jurisdictional objection by 31 January 2022.

1. On 14 January 2022, the Applicant contacted my chambers and requested a status update of his matter. On 17 January 2022, the Applicant was advised that correspondence had been sent to him and he was required to respond by 31 January 2022.

1. The Applicant provided my chambers with an alternative email address because he was not receiving emails from the email address provided on his application.

1. On 17 January 2022, all correspondence was forwarded to the Applicant’s new email address provided. It was again reiterated to the Applicant that he was required to file any submissions and witness statements by 31 January 2022.

1. The Applicant failed to comply with this direction.

1. On 1 February 2022, the Applicant contacted chambers and requested an extension of time to file his materials to the close of business 1 February 2022.

1. The Applicant was advised that his request was granted and failure to file any material may result in the matter being closed in the Commission.

1. To date, the Commission has not received any submissions or witness statements from the Applicant in relation to his application.

1. Consequently, the Commission upholds the Respondent’s objection and so this application is dismissed. An Order [PR738077] will now be issued.

[1] Fair Work Act 2009 (Cth), sections 338 and 339.

Printed by authority of the Commonwealth Government Printer

<PR738075>