Mr Scott Williams v Inner Strength Steel Fixing (WA) Pty Ltd T/A Inner Strength Steel Fixing

Case

[2012] FWA 3359

19 APRIL 2012

No judgment structure available for this case.

[2012] FWA 3359


FAIR WORK AUSTRALIA

DECISION

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

Mr Scott Williams
v
Inner Strength Steel Fixing (WA) Pty Ltd T/A Inner Strength Steel Fixing
(U2012/4874)

COMMISSIONER CLOGHAN

PERTH, 19 APRIL 2012

Unfair dismissal remedy.

[1] On 9 February 2012, Mr Scott Williams (“the Applicant”) made application to Fair Work Australia (FWA) seeking a remedy for alleged unfair dismissal from his employment with Inner Strength Steel Fixing (WA) Pty Ltd T/A Inner Strength Steel Fixing (“the Employer’).

[2] The application did not proceed to conciliation and was referred to me on 8 March 2012.

[3] On 13 March 2012, I issued procedural directions in relation to an arbitral hearing on 24 April 2012.

[4] Following issuance of the procedural directions, the Applicant’s representative, the Construction, Forestry, Mining and Energy Union (CFMEU) sought, and was granted, an amendment to procedural directions to delay compliance by Mr Williams.

[5] Following amendment to the procedural directions on 19 March 2012, the CFMEU was unable to contact the Applicant to comply with the amended procedural directions.

[6] On 10 April 2012, I wrote to the Applicant seeking his advice as to whether he intended to progress his application. I requested his advice by 18 April 2012.

[7] On 11 April 2012, the CFMEU advised my Associate that the Applicant no longer wished to pursue his application. The CFMEU, who had ceased to act for Mr Williams, advised him to notify the Tribunal of his decision not to pursue the application.

[8] The Tribunal did not receive a reply from the Applicant by 18 April 2012. Accordingly, and pursuant to s.587(3) of the Fair Work Act 2009, this application is dismissed for want of prosecution. An order will be issued conjointly with this Decision.

COMMISSIONER

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