Mr David Norgren v Pilbara Iron Company (Services) Pty Ltd

[2016] FWC 7495

[2016] FWC 7495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.739 - Application to deal with a dispute

Mr David Norgren
v
Pilbara Iron Company (Services) Pty Ltd
(C2016/5692)

COMMISSIONER CLOGHAN PERTH, 17 OCTOBER 2016

Alleged dispute about any matters arising under the enterprise agreement.

[1] On 21 September 2016, Mr David Norgren (Mr Norgren or Applicant) made application to the Fair Work Commission (Commission) to deal with a dispute pursuant to s.739 of the Fair Work Act 2009.

[2] Mr Norgren is in dispute with his employer, Pilbara Iron Company (Services) Pty Ltd trading as Rio Tinto Iron Ore (Rio Tinto).

[3] The dispute was referred to the Commission pursuant to Clause 9 Dispute Resolution Procedure (DRP) of the Rio Tinto Iron Ore – Pilbara Rail Network Agreement 2014.

[4] The DRP provides that a dispute can be referred to the Commission in accordance with subclause 9.1.5 which reads as follows:

“In the event that the issue cannot be resolved the issue may be referred to the Fair Work Commission for conciliation.”

[5] On 23 September 2016, my Associate notified the parties of a conciliation conference on 11 October 2016.

[6] Mr P Swingler and Ms C Willcocks attended the conciliation conference for Rio Tinto. The Applicant did not attend.

[7] My Associate left a voice mail message on Mr Norgren’s mobile telephone for him to contact the Commission regarding the conciliation conference. Mr Norgren has not contacted the Commission or my Associate.

[8] In view of the above circumstances, this application is dismissed for want of prosecution. An Order pursuant to s.587(3) of the FW Act is made and attached to this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR586552>