Mr Graham Taylor v Total Connections Pty Ltd

[2013] FWC 4765

[2013] FWC 4765

FAIR WORK COMMISSION

DECISION

AND

REASONS FOR DECISION

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

Mr Graham Taylor
v
Total Connections Pty Ltd
(U2013/8312)

COMMISSIONER CLOGHAN PERTH, 17 JULY 2013

Application for unfair dismissal remedy.

[1] On 8 April 2013, Mr Graham Taylor (Applicant) made application to the Fair Work Commission seeking a remedy for alleged unfair dismissal from his employment with Total Connections Pty Ltd (Employer).

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

[3] The Employer response to the application raised a number of jurisdictional objections and was referred to me for arbitration.

[4] A conference of the parties was held on 5 July 2013. Subsequently, the parties exchanged documents.

[5] At a further conference on 15 July 2013, the Applicant’s representative conceded that, on the documentation, the Employer is a small business employer. It was agreed that the Applicant had not completed the minimum period of employment of one year pursuant to paragraph 383(b) of the FW Act. Accordingly, the Applicant is not protected from unfair dismissal.

[6] For the above reasons, I dismissed the application in conference on 15 July 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR539018>