Mr Peter Lynch v Crosscity Logistics Pty Ltd
[2012] FWA 8878
•18 OCTOBER 2012
[2012] FWA 8878 |
|
DECISION |
Fair Work Act 2009
s 372 - Application to deal with other contravention disputes
Mr Peter Lynch
v
Crosscity Logistics Pty Ltd
(C2012/5571)
DEPUTY PRESIDENT SAMS | SYDNEY, 18 OCTOBER 2012 |
General protections contravention - dispute properly an underpayment claim - applicant referred to Fair Work Ombudsman - application discontinued and dismissed.
[1] This decision determines an application for Fair Work Australia (FWA) to deal with a general protections dispute, pursuant to s 372 of the Fair Work Act 2009 (‘the Act’). The application was lodged by Mr Peter Lynch (‘the applicant’) and named Crosscity Logistics Pty Ltd as the respondent employer.
[2] It was readily apparent from a perusal of the application, that the applicant’s only grievance with the respondent was his claim of being underpaid. In fact, he stated, in answer to 3.1 of the application that ‘sub-contractor (Mr Lynch) ceased to work for cross city logistics due to non-payment of wages’. He listed a number of weeks where he claimed to have been underpaid. He then added, ‘I can see no other resolution but to have to chase them for payment through Fair Work Australia.’
[3] Given this information, I instructed my Associate to advise the applicant as follows:
‘Dear Mr Lynch,
C2012/5571 - s.372 Lynch v Crosscity Logistics Pty Ltd
The above application, lodged at Fair Work Australia on 8 October 2012 has been reviewed by the Judicial Member who has been given carriage of the matter.
His Honour has indicated that the matter does not appear to be a genuine section 372 application as it does not allege any legitimate contraventions, as defined under Part 3-1of the Fair Work Act. It also appears that you no longer work for the employer.
The application lodged seems more correctly to be an underpayment claim which is properly a matter to be directed to the Fair Work Ombudsman, who can be contacted on the details provided below.
The current section 372 application will be closed after seven days unless the applicant can satisfactorily address the matters indicated in this email.’
[4] On 15 October 2012, the applicant filed a Form F50 Notice of Discontinuance wholly discontinuing the application. Accordingly, pursuant to s 588 of the Act, this matter is discontinued and dismissed.
DEPUTY PRESIDENT
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