Mr Gary Keegan v TJM Qld Pty Ltd T/A A1 Metro Plumbing

[2012] FWA 3568

[2012] FWA 3568

FAIR WORK AUSTRALIA

REASONS FOR DECISION

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

Mr Gary Keegan
v
TJM Qld Pty Ltd T/A A1 Metro Plumbing
(U2011/11095)

COMMISSIONER HARRISON SYDNEY, 26 APRIL 2012

Jurisdictional Objection

[1] This is an application by Mr Gary Keegan for relief from unfair dismissal pursuant to section 394 of the Fair Work Act 2009 (the Act).

[2] Mr Keegan commenced employment with TJM Qld Pty Ltd trading as A1 Metro Plumbing (A1) on 10 January 2008. He was dismissed on 18 August 2011 and lodged the application for relief on 26 August 2011.

[3] A1 lodged an employer response to the application on 26 September 2011 and advised its representative was the Master plumbers Association of Qld (MPA). At this time A1 lodged a jurisdictional objection on the grounds that “1. It appears this application is frivolous and vexatious; and 2. without reasonable prospects of success”. A1 did not object to conciliation as a first step.

[4] The matter was not resolved at conciliation, following which A1 was directed to file and serve submissions and other material in support of its jurisdictional objection by 5 March 2012. Mr Keegan was directed to file and serve by 19 March 2012. Concurrent with the issuance of directions the matter was listed for conference/hearing in Brisbane on 16 April 2012.

[5] A1 did not comply with the directions.

[6] A Representative for Mr Keegan sought a one week extension. On 26 March submissions and statements by Mr Keegan were served on A1 and MPA.

[7] At the hearing on 16 April, Mr Fuhrman-Luck appeared with Mr Keegan.

[8] A1 or its representative MPA did not appear.

[9] In this matter the respondent has failed to comply with directions or appear in proceedings to support its jurisdictional objections. The respondent’s failure to prosecute its objection has rendered additional costs and delays upon the applicant.

[10] At the hearing on 16 April I gave an ex tempore decision and dismissed the jurisdictional objection. This formally records that the jurisdictional objection to the application is dismissed.

[11] The application will be listed for arbitration.

COMMISSIONER

Appearances:

J Furhman-Luck for Mr Gary Keegan

Hearing details:

2012.
Brisbane:
April 16

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