Mr Tristan Ling v Hamilton Island Enterprise T/A Hamilton Island Enterprises Limited

[2022] FWC 3084

[2022] FWC 3084

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.739 - Application to deal with a dispute

Mr Tristan Ling
v

Hamilton Island Enterprise T/A Hamilton Island Enterprises Limited

(C2022/7291)

DEPUTY PRESIDENT LAKE BRISBANE, 21 NOVEMBER 2022

Alleged dispute about any matters arising under the modern award and the NES; [s146]

1. On 3 November 2022 Mr Tristan Ling made an application to the Fair Work Commission (Commission) to deal with a dispute in accordance with a dispute settlement procedure pursuant to s.739 of the Fair Work Act 2009 (Act).

1. Section 585 of the Act provides that an application to the Commission must be in accordance with the procedural rules (if any) relating to applications of that kind.

1. Item F10 of Schedule 1 of the Fair Work Commission Rules 2013 (FWC Rules) provides that the application must be served by the Applicant on the Respondent as soon as practicable after lodgement with the Commission.

1. On 14 November 2022, correspondence was sent to the applicant in relation to the requirement for service of the application and requiring the provision of the contact details of the respondent by 10:00am AEST Friday, 18 November 2022.

1. To date, the applicant has not responded to the correspondence sent by my Chambers in writing.

1. Section 587 of the Act provides:

   587        Dismissing applications

   (1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

   (a) the application is not made in accordance with this Act; or

   (b) the application is frivolous or vexatious; or

   (c) the application has no reasonable prospects of success.

   (2) Despite paragraphs (1)(b) and (c), FWC must not dismiss an application under section 365 or 773 on the ground that the application:

   (a) is frivolous or vexatious; or

   (b) has no reasonable prospects of success.

   (3) FWC may dismiss an application:

   (a) on its own initiative; or

   (b) on application.

2. The words, “Without limiting when FWC may dismiss an application” at the commencement of s.587(1) of the Act, establish that the jurisdiction of the Commission to dismiss an application is not limited to the circumstances set out in s.587(1)(a), (b) and (c).

1. In the circumstances I have decided to dismiss the application for want of prosecution pursuant to s.587(3)(a) of the Act.

Order

The application in C2022/7291is dismissed.

DEPUTY PRESIDENT

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