Ms Georgia-Rae Collis v Subway Forster Village

[2012] FWA 3142

[2012] FWA 3142

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal

Ms Georgia-Rae Collis
v
Subway Forster Village
(C2012/2520)

COMMISSIONER STANTON NEWCASTLE, 13 APRIL 2012

Application to deal with contraventions involving dismissal - failure to attend and prosecute application - application dismissed.

[1] This matter concerns an application by Ms Georgia-Rae Collis (the applicant) made on 3 February 2012 pursuant to s.365 of the Fair Work Act 2009 (the FW Act). The applicant’s contact details set out in the application included a residential address, email address and a mobile telephone service number. The respondent is Subway Forster Village (the respondent).

[2] On 12 February 2012, the respondent filed a response to the application.

[3] On 13 February 2012, a Notice of Listing stating the matter was listed for Conference in Newcastle on 28 February 2012 was sent to the parties by email.

[4] On 28 February 2012, only the respondent’s representative appeared for the Conference. The applicant failed to appear and nor did she attempt to make contact with Fair Work Australia (FWA) concerning her attendance prior to the appointed time for the Conference.

[5] The FWA Registry subsequently contacted the applicant who advised FWA that she had decided to discontinue with the claim and further stated, “I will email to that effect as soon as possible”.

[6] As the applicant had failed to provide the necessary correspondence concerning her decision to discontinue the matter, FWA subsequently wrote to the applicant on 3 April 2012 informing her that in the event she wished to discontinue proceedings, she should file the Form F50 - Notice of Discontinuance (F50 - Notice)(attached to the correspondence). To date no F50 - Notice has been lodged in this matter.

[7] The matter was relisted for Conference in Newcastle on 12 April 2012. The respondent was not required to attend.

[8] The applicant failed to attend the Conference on 12 April 2012 and has made no further contact with FWA. Further, FWA attempts to contact the applicant on 12 and 13 April 2012 were unsuccessful.

[9] Section 577 of the FW Act requires FWA to perform its functions and exercise its powers in a manner that, amongst other things, is fair, just and quick. In all the circumstances of this matter, I am satisfied the applicant has been provided a fair go but has failed to prosecute her application. In that regard, the respondent is also entitled to a fair go in terms of having such claims determined in a prompt manner.

[10] Pursuant to s.587 of the FW Act, I dismiss the application and order accordingly.

COMMISSIONER

Appearances:

No appearance by the applicant.

The respondent was not required to attend the Conference.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR522346>