Mr Brian Baxter v West Bay Holdings T/A Tyreways

[2014] FWC 2440

[2014] FWC 2440

FAIR WORK COMMISSION

DECISION

AND

REASONS FOR DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Mr Brian Baxter
v
West Bay Holdings T/A Tyreways
(U2013/17413)

COMMISSIONER CLOGHAN PERTH, 10 APRIL 2014

Unfair dismissal.

[1] On 16 December 2013, Mr Brian Baxter (Mr Baxter or Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from West Bay Holdings Pty Ltd T/A Tyreways (Employer).

[2] The application is made pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[3] The Applicant did not attend the conciliation on 18 February 2014.

[4] In response to the application, the Employer asserts:

● it is a small business employer (SBE) and employed fewer than 15 employees at the time of Mr Baxter’s dismissal; and

● as an SBE, it is necessary for Mr Baxter to have completed a minimum period of one (1) year to be protected from unfair dismissal; and

● as Mr Baxter has not completed a minimum period of employment of one (1) year, he is not protected from the unfair dismissal provisions of the FW Act.

[5] To assist in the fair, efficient and effective resolution of the Employer’s jurisdictional objections, I issued procedural directions on 26 February 2014.

[6] The Applicant did not provide a response to the Employer’s submission by 27 March 2014. Further, the Applicant did not communicate with the Commission as to why he was unable to comply with the procedural directions and provide a response to the Employer’s jurisdictional objections.

[7] For the above reasons Mr Baxter’s application is dismissed pursuant to s.587(3)(a) of the FW Act. An order to this effect is issued with this Decision and Reasons for Decision.

COMMISSIONER

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