Mark Bird v 4D Joinery Pty Ltd

[2022] FWC 2431

[2022] FWC 2431

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Mark Bird
v

4D Joinery Pty Ltd

(U2019/12486)

COMMISSIONER BISSETT MELBOURNE, 13 SEPTEMBER 2022

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

1. On 5 February 2020 the Fair Work Commission issued a Decision[1] in relation to the application by Mr Mark Bird (Applicant) for remedy for unfair dismissal.

1. The Applicant had named 4D Joinery Pty Ltd (Respondent) as the respondent entity in the Form F2 – Unfair Dismissal Application (Form F2). On 10 December 2019 the Commission telephoned the Administrator on the contact number provided by the Applicant.  The Administrator confirmed that the Respondent had entered into administration and they were appointed as the Administrator. On 18 August 2022 the Commission confirmed, via a search on the ASIC company database that the Respondent company was in liquidation.

1. The Decision issued on 5 February 2020 stayed the Applicant’s application on the basis that the Respondent was in liquidation and pursuant to s.500(2) of the Corporations Act 2001, the application was not able to proceed except by leave of the Court.[2]

1. On 18 August 2022 the Commission performed a search on the ASIC company database which revealed that the Respondent entity had been deregistered on 14 February 2022.

1. On 19 August 2022 the Commission wrote to the Applicant advising of the Respondent’s deregistration and that no proceedings can continue against a deregistered company.  On that basis the Applicant was given an opportunity to file a Form F50–Notice of Discontinuance (Notice of Discontinuance).  The Applicant was advised that if no Notice of Discontinuance is received by 26 August 2022 the application may be dismissed because it has no reasonable prospects of success. The Applicant did not respond to the correspondence or file a Notice of Discontinuance.

1. In the circumstances, I am satisfied that the Applicant’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 the application. An order[3] giving effect to this decision will be issued separately.

COMMISSIONER

[1] [2020] FWC 594

[2] Ibid

[3] PR745762

Printed by authority of the Commonwealth Government Printer

<PR745761>