Mr Kurt Miller v Hidden Valley Caravan Park Pty Ltd

[2015] FWC 2692

[2015] FWC 2692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.773 - Application to deal with an unlawful termination dispute

Mr Kurt Miller
v
Hidden Valley Caravan Park Pty Ltd
(C2015/331)

COMMISSIONER CLOGHAN PERTH, 20 APRIL 2015

Application to deal with an unlawful termination dispute.

[1] This is an application by Mr Kurt Miller for the Fair Work Commission (Commission) to deal with an alleged unlawful termination dispute pursuant to s.773 of the Fair Work Act 2009 (FW Act).

[2] Mr Miller alleges that he was unlawfully dismissed from the Hidden Valley Caravan Park Pty Ltd (Employer) on 27 January 2015.

[3] On 1 April 2015, I held a conference between the parties. At the conference, I highlighted to Mr Miller that he was unable to make an application pursuant to s.773 of the FW Act, if he is able to make a General Protections court application in relation to the alleged Employer’s conduct. I drew Mr Miller’s attention to s.723 of the FW Act.

[4] At the conclusion of the conference, I advised Mr Miller, by email, that he would have the opportunity to make a submission to the Commission as to why he considered his application had been properly made and that he was unable to make a General Protections dispute application pursuant to s.365 of the FW Act. I also advised Mr Miller that should I not receive a submission by 4:00 pm on 16 April 2015, I would dismiss the application as it had not been properly made.

[5] Mr Miller has not made any submission.

[6] Pursuant to paragraph 587(3)(a) of the FW Act, this application is dismissed as Mr Miller is unable to make the application in accordance with s.723 of the FW Act. An order to this effect is issued with this Decision.

COMMISSIONER

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