Mr James Lowry v Alco Building Co. Pty Ltd

[2013] FWC 4127

[2013] FWC 4127

FAIR WORK COMMISSION

DECISION

AND

REASONS FOR DECISION

Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal

Mr James Lowry
v
Alco Building Co. Pty Ltd
(C2013/3469)

COMMISSIONER CLOGHAN PERTH, 26 JUNE 2013

Application to deal with contraventions involving dismissal.

[1] On 6 March 2013, Mr James Lowry (Applicant) made application to the Fair Work Commission (Commission) to deal with a general protections dispute in which he alleged that he was dismissed in contravention of Part 3-1 General Protections of the Fair Work Act 2009 (FW Act).

[2] The application was made pursuant to s.365 of the FW Act.

[3] Mr Lowry alleges that he was dismissed by Alco Building Co Pty Ltd (Employer).

[4] On 13 March 2013, the Employer provided a response to Mr Lowry’s application.

[5] On 22 March 2013, the parties were notified of a conference on 22 April 2013 pursuant to s.368 of the FW Act.

[6] On 9 April 2013, the Applicant sought an adjournment of the conference for a period of two (2) months.

[7] On 10 April 2013, the parties were advised that I had agreed to the Applicant’s request for an adjournment and that the application has been relisted for 24 June 2013.

[8] At the conference on 24 June 2013, Mr G Ashfield, Managing Director and Ms E Pereira, Accounts Manager attended for the Employer.

[9] The Applicant did not attend the conference or, to date, advise the Commission why he was unable to attend.

[10] Having considered the circumstances set out above, I have reached the conclusion that the application must be, pursuant to subsection 587(3) of the FW Act, dismissed for want of prosecution. An order to this effect will be issued conjointly with this Decision and Reasons for Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code {A}, PR538224>