Mr Brett Jones v Machinery Moves Australia Pty Ltd

[2024] FWC 2236

[2024] FWC 2236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Mr Brett Jones
v

Machinery Moves Australia Pty Ltd

(U2024/3664)

DEPUTY PRESIDENT ROBERTS SYDNEY, 21 AUGUST 2024

Application for an unfair dismissal remedy – lack of evidence – application dismissed

1. On 27 March 2024 Mr. Brett Jones (Applicant) filed an application for an unfair dismissal remedy under s.394 of the Fair Work Act 2009 (Act) against his former employer Machinery Moves Australia Pty Ltd (Respondent).

1. The Respondent raised a number of objections to the application. They said the application was filed outside the 21-day time period prescribed by s.394(2), that the Applicant did not meet the minimum employment period under s.383 and that they were a small business employer that had complied with the Small Business Fair Dismissal Code referred to in s.388[1] in relation to the termination of the Applicant’s employment.

1. On 25 July 2024 written directions were issued to the parties requiring that they file and serve material in relation to the objections raised by the Respondent by 1 August 2024. The matter was listed for hearing to deal with those issues on 21 August 2024.

1. Neither the Applicant nor the Respondent filed any material in response to the directions. On 2 August 2024 I wrote to the parties to remind them of the directions and give them a further opportunity to file material in support of their case, or to formally seek an extension of time, by no later than 4pm on that day. Nothing was received and there has been no further contact from the Applicant.

1. There was no attendance by either party at the hearing on 21 August 2024.

1. In the absence of any evidence in support of the application, I cannot be satisfied that any remedy for unfair dismissal is available to the Applicant.

1. The application is dismissed.

DEPUTY PRESIDENT

[1] See also s.385(c).

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