Mr Neil Watson v Australian Consolidated Insurance Limited

[2011] FWA 2656

[2011] FWA 2656

FAIR WORK AUSTRALIA

REASONS FOR DECISION

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

Mr Neil Watson
v
Australian Consolidated Insurance Limited
(C2011/3998)

COMMISSIONER CLOGHAN PERTH, 4 MAY 2011

Application to deal with a dispute.

[1] On 12 April 2011, Mr Neil Watson (“the Applicant”) made application to Fair Work Australia (FWA) to deal with a dispute in accordance with a dispute settlement procedure.

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

[3] The named employer in the application is Australian Consolidated Insurance Limited (“the Employer”).

[4] The application was the subject of a conference on 2 May 2011. Mr Watson represented himself at the conference and Mr Miller, Executive Chairman, represented the Employer.

[5] At the conference, Mr Watson conceded that s.738(a), (b) and (d) of the FW Act did not apply to the dispute. Further, the dispute relating to his Executive Agreement did not apply to the National Employment Standards or a safety net contractual entitlement.

[6] With respect to the Executive Agreement, the Dispute Resolution Procedure states at Clause 9.1(b):

“If the dispute is not resolved within fourteen (14) days of first being raised and either party so requests in writing, the dispute issue will be referred to an agreed arbiter.”

[7] Mr Watson conceded that no request had been made nor had FWA been appointed as an agreed arbiter.

[8] Finally, the Executive Agreement states at Clause 9.1(c):

“If you [Mr Watson] and the Company cannot agree on a person to be nominated as arbiter, then the Chairman must refer the dispute to a person nominated by the Chair of the Western Australia branch of LEADR (Leading Edge Alternative Dispute Resolvers) for determination.”

[9] It is plain that FWA is not LEADR and the matter could not, under the terms of the Executive Agreement, be referred to FWA.

[10] At the conclusion, I advised the Applicant that I would dismiss the application for want of jurisdiction. These are my reasons for dismissing the application.

COMMISSIONER

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