Mr Darren Greay v Watpac Civil and Mining Pty Ltd

[2014] FWC 4164

[2014] FWC 4164

FAIR WORK COMMISSION

DECISION

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

Mr Darren Greay
v
Watpac Civil and Mining Pty Ltd
(U2014/1136)

COMMISSIONER CLOGHAN PERTH, 24 JUNE 2014

Unfair dismissal.

[1] On 7 April 2014, Mr Darren Greay (Mr Greay or Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from his former employer, Watpac Civil and Mining Pty Ltd (Employer).

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

[3] In response to the application, the Employer asserts that the Applicant was employed as a Mining Production Supervisor and not protected from the unfair dismissal provisions of the FW Act because:

● his annual rate of earnings is more than the high income threshold of $129,300;
● an enterprise agreement does not apply to Mr Greay’s employment; and
● an award does not cover the Applicant’s employment.

[4] I advised the parties on 26 May 2014 that I intended to deal with the Employer’s jurisdictional objections to Mr Greay’s application by way of written submissions which were set out in Directions.

[5] The Applicant failed to comply with the Directions on 10 June 2014. No explanation was received from Mr Greay as to why he was unable to comply with the Directions.

[6] In view of the Applicant not complying with the Directions, the application will be dismissed pursuant to s.587(3)(a) of the FW Act for want of prosecution. An order to this effect will be issued jointly with this Decision.

COMMISSIONER

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