Mr Zebulon Haslam v Shire of Roebourne

[2013] FWC 3765

[2013] FWC 3765

FAIR WORK COMMISSION

DECISION

AND

REASONS FOR DECISION

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

Mr Zebulon Haslam
v
Shire of Roebourne
(C2013/4255)

COMMISSIONER CLOGHAN PERTH, 12 JUNE 2013

Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)].

[1] On 8 May 2013, Mr Zebulon Haslam (Applicant) made application to the Fair Work Commission to deal with a dispute in accordance with a dispute settlement procedure (DSP).

[2] The Applicant is in dispute with the Shire of Roebourne (Employer).

[3] The DSP is contained in the Shire of Roebourne Enterprise Agreement 2012 (Agreement).

[4] The Applicant’s representative was Mr Aaron Haslam.

[5] The dispute relates to monies withheld by the Employer when the Applicant “left employment at short notice”. The Applicant was advised that the Employer “will be taking 2 weeks wages off him for not giving 2 weeks’ notice”. The Applicant was not advised, or could locate any authority, for the Employer to take such action.

[6] The application was the subject of a conference on 6 June 2013.

[7] At the conference, I referred Mr Aaron Haslam, the Applicant’s representative, to subclause 28.6 of the Agreement which reads as follows:

“28.6 Failure to provide the required notice will result in forfeiture of payment for that period of time where notice has not been given.”

[8] I requested Mr Aaron Haslam to convey this information to the Applicant. I advised Mr Aaron Haslam that the Applicant should, after considering this term and the Employer’s explanation, discontinue the application. I also advised Mr Aaron Haslam that should the Applicant not discontinue the application by 4:00 pm on 11 June 2013, I would issue a decision and reasons for decision relating to the application on 12 June 2013.

[9] In view of subclause 28.6 of the Agreement, the Applicant forfeited payment as a result of him leaving his employment at short notice.

[10] For the above reasons, the application will be dismissed and an Order to that effect issued conjointly with this Decision and Reasons for Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code {A}, PR537803>