Mr Toby Bernhardt v Eagle Petroleum (WA) Pty Ltd

[2014] FWC 6077

[2014] FWC 6077

FAIR WORK COMMISSION

DECISION

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

Mr Toby Bernhardt
v
Eagle Petroleum (WA) Pty Ltd
(C2014/4722)

COMMISSIONER CLOGHAN PERTH, 3 SEPTEMBER 2014

Application to deal with a dispute.

[1] On 29 May 2014, Mr Toby Bernhardt (Mr Bernhardt or Applicant) made application to the Fair Work Commission (Commission) to deal with a dispute in accordance with a Dispute Settlement Procedure.

[2] The Applicant is in dispute with Eagle Petroleum (WA) Pty Ltd (Employer).

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

[4] The Applicant alleges that the dispute can be referred to the Commission pursuant to the DSP contained in the Commercial Sales Award 2010 (Modern Award).

[5] The dispute between the parties was the subject of a conference on 17 July 2014. The dispute remained unresolved.

[6] On 30 July 2014, I issued Directions to both parties for a hearing into the dispute.

[7] The Applicant did not provide any submissions on 21 August 2014.

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

COMMISSIONER

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