Mr Beau Wright v Uptrendz Pty Ltd (Colrok)

[2020] FWC 2558

[2020] FWC 2558

FAIR WORK COMMISSION

REASONS FOR DECISION

Fair Work Act 2009
s.789GV - Application to deal with a dispute under Part 6-4C

Mr Beau Wright
v
UPTRENDZ PTY LTD (COLROK)
(C2020/3470)

COMMISSIONER WILLIAMS PERTH, 18 MAY 2020

Application to deal with a dispute in relation to JobKeeper.

[1] Mr Beau Wright (the Applicant) on 12 May 2020 applied under s.789GV of the Fair Work Act 2009 (the Act) for the Fair Work Commission (the Commission) to deal with a dispute about the operation of Part 6-4C of the Act. The Respondent is UPTRENDZ Pty Ltd (COLROK) (the Respondent).

[2] At the conclusion of the telephone proceedings on 15 May 2020, I advised the parties I had decided to dismiss the application. These are my reasons for that decision.

[3] Part 6-4C was introduced into the Act by the Coronavirus Economic Response Package Omnibus (Measures No. 2) Act 2020. The Part authorises employers to give JobKeeper enabling directions to employees 1 and to make agreements with employees about when work is performed or taking annual leave. The Part also authorises employees who are subject to JobKeeper enabling directions to make requests of their employer regarding secondary employment, training or professional development.

[4] Section 789GV of the Act allows the Commission to deal with disputes about the operation of Part 6-4C.

[5] It appears the Respondent has enrolled for the JobKeeper wage subsidy and that the Applicant has completed a JobKeeper employee nomination notice.

[6] The Applicant is a casual employee in the retail industry and a full-time university student. He has in the past most often worked one or two shifts a week of six to seven hours. On Monday, 11 May 2020, a new roster was put out by the Respondent. The Applicant advised the Respondent he could not work the rostered hours. The remedy the Applicant seeks is to work hours that do not interfere with his studies.

[7] In this case the Respondent has at no time given the Applicant a JobKeeper enabling direction nor has the Respondent given the Applicant a request to make an agreement in writing as is provided for in section 789GG of the Act.

[8] This dispute is about the particulars of an offer of work contained in a roster made to a casual employee by an employer.

[9] This particular dispute is not a dispute about the operation of Part 6-4C of the Act.

[10] Consequently, the Commission has no power to deal with the dispute. The application is dismissed.

Printed by authority of the Commonwealth Government Printer

<PR719402>

 1   See s.789GC of the Act.