Mr Cameron Naylor v Programmed Integrated Workforce
[2011] FWA 8457
•5 DECEMBER 2011
[2011] FWA 8457 |
|
DECISION |
Fair Work Act 2009
s.773 - Termination of employment
Mr Cameron Naylor
v
Programmed Integrated Workforce
(C2011/6435)
COMMISSIONER BOOTH | BRISBANE, 5 DECEMBER 2011 |
Unlawful termination - amendment to application.
[1] Mr Naylor (the applicant) lodged an application under section 773 of the Fair Work Act 2009 (“the Act”) on 7 November 2011. A conference was conducted on 24 November 2011. The applicant alleged that his employment was terminated because of a temporary absence from work because of illness or injury.
[2] In Maher v Mulgowie Fresh Pty Ltd 1 Collier J dealt with an application for summary dismissal of an application made under section 773 of the Act. In that matter it was accepted that Mr Maher should have commenced proceedings under section 365 of the Act as national system employees are required to commence proceedings under Part 3-1 of the Act.
[3] The applicant is a national system employee and should have commenced this proceeding under section 365 of the Act.
[4] During the conference Mr Cameron who appeared for Programmed Integrated Workforce (the respondent) consented to the proposed amendment and it was allowed pursuant to section 586 of the Act.
[5] As the conference did not resolve the matter, a certificate was issued certifying that all reasonable attempts to resolve the dispute have been, or are likely to be, unsuccessful.
COMMISSIONER
1 [2010] FCA 439 dated 10 May 2010, Collier J
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