Francesco Rottura

[2015] FWC 8531

[2015] FWC 8531

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.319 - Application for an order relating to instruments covering new employer and non-transferring employees

Francesco Rottura
(AG2015/2324)

Rail industry
COMMISSIONER LEE	MELBOURNE, 9 DECEMBER 2015

Application for an order relating to instruments covering new employer and non-transferring employees – application dismissed.

[1] This is an application pursuant to s.319 of the Fair Work Act 2009.

[2] The application was made by Francesco Rottura on 7 April 2015.

[3] On 21 April 2015 I wrote to the Applicant advising that the application as lodged did not contain sufficient information for me to be satisfied that the requirements of the Fair Work Act 2009 had been met.

[4] I sought further information relevant to the provisions of s.319 of the Act and set out the further information I required.

[5] The Applicant was asked to provide the information by Tuesday 28 April 2015.

[6] On 21 April 2015 and 22 April 2015 Mr Rottura contacted my Chambers by phone and sought advice as to whether a greenfields agreement can be made without a Union. My Chambers replied in writing to Mr Rottura indicating the Fair Work Commission is unable to provide advice but directed Mr Rottura to the relevant provisions in the Fair Work Act 2009 dealing with the making of greenfields agreements.

[7] Nothing further was received from the Applicant. On 30 April 2015, my Chambers corresponded with the Applicant and allowed a further period for the filing of the materials I requested to 1 May 2015. The email advised that if no correspondence is received, the matter may be dismissed.

[8] There has been no response of any kind from the Applicant since that email was sent.

CONSIDERATION

[9] I have considered the application. I have no information relevant to the matters that I am required to take into account in deciding whether to make the order. The Applicant has not responded to my requests for the relevant information.

[10] The application has no reasonable prospects of success in circumstances where the applicant has not responded to the requests for information relevant to the application.

[11] The application is therefore dismissed.

COMMISSIONER

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