Kelley Jerkovich v Kinetic Power Services Pty Ltd

[2015] FWC 4706

[2015] FWC 4706

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365—General protections (consent arbitration)

Kelley Jerkovich
v
Kinetic Power Services Pty Ltd
(C2014/4474)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 13 JULY 2015

Application to deal with contravention involving dismissal; company in liquidation; no steps taken by applicant to progress claim; application dismissed.

[1] On 16 May 2014, Kelley Jerkovic (Applicant) with the consent of Kinetic Power Services Pty Ltd (Kinetic) made an application under section 369(1)(b) of the Fair Work Act 2009 (Act) for the Fair Work Commission (Commission) to deal with a dismissal dispute made under section 365 of the Act, by arbitration. Directions were issued to facilitate the arbitration and the matter was listed for hearing.

[2] At the time that the application was made, the Applicant was being represented by the electrical division of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU). On 1 July 2014, Slater & Gordon Lawyers notified the Commission of it commencing to act for the Applicant. On 31 July 214, the ETU advised that it ceased to act for the Applicant.

[3] On 17 July 2014, the Commission was notified that Kinetic had been placed into administration and that the Administrator, through its representatives, wished to make submissions in the matter. The Administrator and the Applicant made various applications for the matter to be stayed to allow the administration process run its course. Kinetic was ultimately placed in liquidation.

[4] On 26 February 2015, Slater & Gordon Lawyers advised the Commission that it ceased to act for the Applicant.

[5] On 30 March 2015 the Commission issued directions for the liquidator of Kinetic and the Respondent to file submissions in support of its objection to the matter proceeding, and for the Applicant to file submissions in support of her application. The Applicant did not file any submissions as directed.

[6] On 3 July 2015 my Chambers wrote to the Applicant advising that she had until 4.00pm on Wednesday 8 July 2015 to file submissions as to why her application should not be dismissed, and was put on notice that the application is likely to be dismissed if she did not comply. The Applicant did not make any submissions.

[7] The Applicant has taken no step to progress the arbitration or to make submissions in relation to the various issues raised by the liquidator of Kinetic and the Respondent. I am satisfied that the Applicant does not intend to prosecute the claim in arbitration and in the circumstances I propose to dismiss the application. An order is separately issued in PR569328.

DEPUTY PRESIDENT

Written submissions:

Liquidator for Kinetic Power Services Pty Ltd, 10 April 2015

Kinetic Power Services Pty Ltd, 30 April 2015

Printed by authority of the Commonwealth Government Printer

<Price code A, PR569311>