Maddison Nash v Spencil Stores No 1 Pty Ltd

[2019] FWC 6502

[2019] FWC 6502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Maddison Nash
v
Spencil Stores No 1. Pty Ltd
(U2018/1028)

COMMISSIONER BISSETT MELBOURNE, 18 SEPTEMBER 2019

Application for an unfair dismissal remedy - deregistration - application dismissed.

[1] On 13 August 2018, Commissioner Wilson issued a decision 1 in relation to the application by Ms Maddison Nash for remedy for unfair dismissal.

[2] Ms Nash had named Spencil as the respondent entity in her Form F2 – Unfair Dismissal Application (Form F2). On 9 February 2018, the respondent lodged its Form F3 – Employer Response to Unfair Dismissal Form, which detailed the respondent’s legal name as

The Trustee for Spencil Stores No. 1 Unit Trust. On 30 July 2018, the Commission received correspondence from the liquidator advising that the correct respondent entity in this matter is Spencil Stores No. 1 Pty Ltd (in Liquidation). Commissioner Wilson noted in his decision that he was satisfied that Spencil Stores No 1. Pty Ltd (the Company) was Ms Nash’s employer and that it was currently in liquidation. 2

[3] The decision stayed Ms Nash’s application on the basis that the Company was in liquidation and pursuant to s.500(2) of the Corporations Act 2001, Ms Nash’s application was not able to proceed except by leave of the Court. 3

[4] On 22 August 2019 the Fair Work Commission (Commission) performed a search on the ASIC company database which revealed that Spencil Stores No. 1 Pty Ltd had been deregistered on 13 December 2018.

[5] On 22 August 2019 the Commission wrote to Ms Nash advising of the Company’s deregistration and that no proceedings can continue against a deregistered company. On that basis, Ms Nash was given an opportunity to file a Form F50 Notice of Discontinuance. Ms Nash was advised that if she did not do so by 29 August 2019, her application would be dismissed because it had no reasonable prospects of success. Ms Nash did not respond to the correspondence or file a Notice of Discontinuance.

[6] In the circumstances, I am satisfied that Ms Nash’s application has no reasonable prospects of success. Therefore, I will exercise my power under s.587(1)(c) of the Fair Work Act 2009 to dismiss Ms Nash’s application. An order 4 giving effect to this decision will be issued separately.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR712521>

 1   [2018] FWC 4705

 2   Ibid at [9]

 3   Ibid at [16]

 4   PR712522