Mr Filip Stankovski v Credit Corp Services Pty Ltd
[2012] FWA 5175
•18 JUNE 2012
[2012] FWA 5175 |
|
DECISION |
Fair Work Act 2009
s.372 - Application to deal with other contravention disputes
Mr Filip Stankovski
v
Credit Corp Services Pty Ltd
(C2012/3971)
VICE PRESIDENT WATSON | SYDNEY, 18 JUNE 2012 |
General Protections dispute involving other contraventions - Fair Work Act 2009 s.372.
Introduction
[1] This decision concerns an application lodged by Mr Filip Stankovski pursuant to s.372 of the Fair Work Act 2009 (the Act). In making the application, Mr Stankovski is applying to have Fair Work Australia deal with a dispute concerning an alleged contravention of Part 3-1 of the Act by his employer Credit Corp Services Pty Ltd (Credit Corp).
[2] This decision arises as a result of email correspondence sent from my chambers to Mr Stankovski and Credit Corp dated 1 June 2012 and 13 June 2012, which drew Mr Stankovski’s attention to my concern as to the validity of the application and provided Mr Stankovski with the opportunity to provide sufficient details to enable the mater to proceed.
Consideration and conclusion
[3] The application in this matter to have Fair Work Australia deal with the dispute concerning an alleged contravention of Part 3-1 of the Act is required by the Fair Work Australia Rules 2010 to identify the sections of Part 3-1 alleged to have been contravened by Credit Corp. No such identification is contained in the application.
[4] On 1 June 2012, Mr Stankovski was given 7 days to provide details of the alleged breach of the general protections provisions of the Act. Mr Stankovski did not provide any response to this request within the time provided.
[5] On 13 June 2012, the parties were given an opportunity to indicate their position as to whether, in the circumstances, the matter should be dismissed. Mr Stankovski responded to this communication by detailing difficulties he has been experiencing at work regarding his ongoing performance review. He did not identify any alleged contravention of any sections of Part 3-1 of the Act.
[6] Credit Corp responded to the 13 June 2012 communication and seeks to have the matter dismissed on the basis that Mr Stankovski has not provided any details of any breach of Part 3-1 of the Act.
[7] In these circumstances, I am not satisfied that there is a valid application before Fair Work Australia and I consequently dismiss the application.
VICE PRESIDENT WATSON
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