Mr Larl Zada v WPH Pty Ltd T/A WPH Plant Hire Crushing Services

[2014] FWC 5278

[2014] FWC 5278

FAIR WORK COMMISSION

DECISION

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

Mr Larl Zada
v
WPH Pty Ltd T/A WPH Plant Hire Crushing Services
(U2014/6398)

COMMISSIONER CLOGHAN PERTH, 4 AUGUST 2014

Unfair dismissal.

[1] On 9 April 2014, Mr Larl Zada (Mr Zada or Applicant) made application to the Fair Work Commission seeking a remedy for alleged unfair dismissal from his former employer, WPH Pty Ltd T/A WPH Plant Hire Crushing Services (Employer).

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

[3] In response to the application, the Employer asserts that the Applicant is not protected from unfair dismissal of the FW Act because:

• his annual rate of earnings is more than the high income threshold of $129,300;



• an enterprise agreement does not apply to Mr Zada’s employment; and



• a modern award does not cover the Applicant’s employment.

[4] On 20 June 2014, I issued Directions to both parties advising that I intended to resolve the Employer’s jurisdictional questions by way of written submissions.

[5] The Applicant failed to provide any submissions.

[6] Accordingly, pursuant to paragraph 587(3)(a) of the FW Act, the application is dismissed for want of prosecution. An Order to this effect is issued jointly with this Decision.

COMMISSIONER

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