Mr Trevor Kerr v Shailer Transport T/A Donmay Transport

[2017] FWC 2881

[2017] FWC 2881

FAIR WORK COMMISSION

DECISION

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

Mr Trevor Kerr
v
Shailer Transport T/A Donmay Transport
(U2017/1426)

COMMISSIONER SIMPSON BRISBANE, 24 MAY 2017

Application for an unfair dismissal remedy – application to amend original application to identify correct respondent

[1] On 11 May 2017 Mr Trevor Kerr filed an application to amend application U2017/1426 to correctly identify the Respondent as “Shailer Transport Pty Ltd” (application to amend).

[2] On 17 May 2017, the Commission issued directions for Shailer Transport Pty Ltd to advise the Commission if it opposed the application to amend, and to file any material in support of their arguments by 24 May 2017. On 24 May 2017, Shailer Transport Pty Ltd filed submissions.

[3] I have given consideration to the submissions by both parties in relation to whether or not to exercise my discretion under section 586 to amend application U2017/1426 to identify the correct Respondent.

[4] Shailer Transport Pty Ltd appears to indicate that it accepts Mr Kerr was employed by the entity that Mr Kerr now seeks to be named as the Respondent to application U2017/1426.

[5] I do not consider that the Respondent will suffer any prejudice if the application to amend application U2017/1426 such as the Respondent is named as “Shailer Transport Pty Ltd.” I have also had regard to the principles as set out in the Full Bench decisions of David Djula v Centurion Transport Co. Pty Ltd 1, and Tobiahs Pty Ltd v Jessica Vidacic2 in determining whether it is appropriate to amend the name of a party to an application made before the tribunal.

[6] I am satisfied to do so in this case. The Respondent to application U2017/1426 will now be “Shailer Transport Pty Ltd” which has effect from the date of this decision.

[7] The matter will now be listed for mention Friday 2 June 2017.

COMMISSIONER

 1   [2015] FWCFB 2371.

 2   [2011] FWAFB 1679.

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