Mr Kevin Hamer v BP Australia Pty Ltd

[2014] FWC 5892

[2014] FWC 5892

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.739 - Application to deal with a dispute

Mr Kevin Hamer
v
BP Australia Pty Ltd
(C2014/5654)

COMMISSIONER CLOGHAN PERTH, 26 AUGUST 2014

Deal with a dispute.

[1] On 31 July 2014, Mr Kevin Hamer (Mr Hamer or Applicant) made application to the Fair Work Commission (Commission) to deal with a dispute in accordance with a Dispute Settlement Procedure.

[2] The Applicant is in dispute with BP Australia Pty Ltd (Employer).

[3] The application is made pursuant to s.739 of the Fair Work Act 2009 (FW Act).

[4] In response to Mr Hamer’s application, the Employer asserted that there is no provision in the Applicant’s contract of employment giving the Commission jurisdiction to determine a dispute. Further, an award or enterprise agreement does not apply to Mr Hamer’s employment.

[5] The Commission corresponded with Mr Hamer. The Applicant was given until 4:00 pm on 20 August 2014 to demonstrate that the Commission had jurisdiction to deal with the dispute. I indicated to the Applicant should I not receive a response, the application would be dismissed for want of jurisdiction. The Applicant did not provide a response.

[6] For the above reasons, the application is dismissed for want of prosecution, pursuant to s.587(3)(a) of the FW Act. An order to this effect is issued jointly with this Decision.

COMMISSIONER

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