Mr Gregory Cooper v MMG Golden Grove Pty Ltd

[2013] FWC 1551

[2013] FWC 1551

FAIR WORK COMMISSION

DECISION

AND

REASONS FOR DECISION

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

Mr Gregory Cooper
v
MMG Golden Grove Pty Ltd
(U2012/16025)

COMMISSIONER CLOGHAN PERTH, 22 MARCH 2013

Unfair dismissal remedy.

[1] On 27 November 2012, Mr Gregory Cooper (“Applicant”) made application to Fair Work Australia, now Fair Work Commission (“Commission”) seeking a remedy for alleged unfair dismissal from his employment with MMG Golden Grove Pty Ltd (“Employer”).

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

[3] Conciliation with both parties was unable to proceed on 19 December 2012 and the application was referred to me for arbitration on 31 January 2013.

[4] On 6 February 23013, the Employer requested the matter proceed to conciliation in the first instance.

[5] On 8 February 2013, the Employer provided its response to the application by Mr Cooper.

[6] In its response, the Employer asserted that Mr Cooper was not protected from unfair dismissal pursuant to s.382 of the FW Act as:

• his annual rate of earnings was more than the high income threshold of $123,300; and



• his employment was not covered by a modern award; and



• an enterprise agreement did not apply to his employment.

[7] On 13 February 2013, the parties were advised of a conference on 7 March 2013 to consider the Employer’s assertion.

[8] At the conference on 7 March 2013, the Applicant conceded that the Employer’s assertions were correct and consistent with legal advice he had received. Notwithstanding the statutory provisions, the Applicant set out his displeasure at the unfairness of unfair dismissals being capped at $123,300. In conclusion, Mr Cooper understood the reasons why his application could not proceed and had to be dismissed by the Commission.

[9] For the reasons set out above, Mr Cooper’s application will be dismissed in accordance with paragraph 587(3)(a) of the FW Act as he is not protected from unfair dismissal pursuant to s.382 of the FW Act. An order to this effect will be issued conjointly with this decision and reasons for decision.

COMMISSIONER

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