Mr Brian Fairbanks v St Joseph's Catholic Primary School

[2014] FWC 2442

[2014] FWC 2442

FAIR WORK COMMISSION

DECISION

AND

REASONS FOR DECISION

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

Mr Brian Fairbanks
v
St Joseph's Catholic Primary School
(U2013/17853)

COMMISSIONER CLOGHAN PERTH, 10 APRIL 2014

Unfair dismissal.

[1] On 31 December 2013, Mr Brian Fairbanks (Mr Fairbanks or Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from St Joseph’s Catholic Primary School Pinjarra (Employer).

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

[3] The Applicant did not participate in conciliation set down for 14 February 2014 and the application was referred to me on 18 February 2014 for arbitration.

[4] In response to the application, the Employer asserts that the Applicant is not protected from unfair dismissal because:

● the Employer is not a national system employer, and consequently, the Applicant is not a national system employee in accordance with Part 3-2 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 31 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 Fairbanks’ 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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