Mr Cheng Jian Wang v Miranda Collections Pty Ltd

[2015] FWC 5099

[2015] FWC 5099

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal

Mr Cheng Jian Wang
v
Miranda Collections Pty Ltd
(C2015/4309)

COMMISSIONER CAMBRIDGE SYDNEY, 28 JULY 2015

Application to deal with contraventions involving dismissal.

[1] This matter involves an application for the Fair Work Commission (the Commission) to deal with a general protections dispute involving dismissal and was made pursuant to section 365 of the Fair Work Act 2009, (the Act). The application was lodged at Sydney on 9 June 2014. The application was made by Cheng Jian Wang, (the applicant) and named the respondent employer as Miranda Collections Pty Ltd, (the employer).

[2] The application was listed for Conference pursuant to section 368 of the Act at 10:00am on Friday, 17 July 2015 at the Commission.

[3] The applicant failed to attend the Conference.

[4] The Form F8A - General Protections Application Involving Dismissal (the application) failed to disclose a breach of any particular general protection which was alleged to have occurred.

[5] The application was made beyond the 21 day time limit fixed by section 366 of the Act.

[6] In the circumstances, the applicant was invited to provide written material upon which the Commission should, inter alia, extend time so as to permit the matter to proceed further. The applicant provided a written response dated 22 July 2015.

[7] The Commission has considered the written material provided by the applicant and is not satisfied that there are exceptional circumstances taking into account the provisions of section 366 (2) of the Act. Therefore, as the application was made out of time and exceptional circumstances to extend time have not been established, the application is dismissed.

[8] An Order dismissing the application shall be issued separately.

COMMISSIONER

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