Ms Laura Kinneen v Copperart Pty Ltd T/A Homeart Pty Ltd

[2013] FWC 6457

[2013] FWC 6457

FAIR WORK COMMISSION

DECISION

AND

REASONS FOR DECISION

Fair Work Act 2009
s.372 - Application to deal with other contravention disputes

Ms Laura Kinneen
v
Copperart Pty Ltd T/A Homeart Pty Ltd
(C2013/5481)

COMMISSIONER CLOGHAN PERTH, 3 SEPTEMBER 2013

Application to deal with other contraventions dispute.

[1] On 6 August 2013, Ms Laura Kinneen (Applicant) made application to the Fair Work Commission (Commission) to deal with a general protections dispute in which she alleged that she had been dismissed in contravention of Part 3-1 General Protections of the Fair Work Act 2009 (FW Act).

[2] The application is made pursuant to s.365 of the FW Act.

[3] Ms Kinneen alleges that she was dismissed in contravention of Part 3-1 of the FW Act by Copperart Pty Ltd T/A Homeart Pty Ltd (Employer).

[4] On 14 August 2013, The Commission advised the Applicant and the Employer that a conference pursuant to subsection 368(1) of the FW Act would be convened on 2 September 2013.

[5] On 22 August 2013, the Employer provided a response to Ms Kinneen’s application including the jurisdictional objection that the application had not been made within 21 days after the dismissal took effect. The Employer denied that it had contravened Part 3-1 General Protections of the FW Act.

[6] The Applicant failed to attend the conference or advise the Commission why she had been unable to attend. The Employer attended the conference. As a consequence, the application will be dismissed for want of prosecution. An order to this effect will be issued conjointly with this decision and reasons for decision.

COMMISSIONER

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