Ms Sandra Brown v Department of Education and Communities

[2014] FWC 6258

[2014] FWC 6258

FAIR WORK COMMISSION

DECISION

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

Ms Sandra Brown
v
Department Of Education And Communities
(C2014/5827)

COMMISSIONER CAMBRIDGE SYDNEY, 11 SEPTEMBER 2014

Application to deal with other contraventions dispute.

[1] This matter involves an application for the Fair Work Commission (FWC) to deal with a general protections dispute made pursuant to section 372 of the Fair Work Act 2009, (the Act). The application was lodged at Sydney on 11 August 2014. The application was made by Sandra Jeanne Brown (the applicant) and named the respondent employer as the Department of Education And Communities (the employer).

[2] On 15 August 2014, the matter was listed for a conference, to take place in Sydney on 10 September 2014. Subsequent email correspondence was received on 3 September from Mr Christopher Miles on behalf of the employer, indicating that the employer was not prepared to take part in the conference. Pursuant to section 374(b) of the Act, the conference was consequently vacated and Applicant was asked to provide a Notice of Discontinuance for the purpose of formally closing the file.

[3] Email correspondence from the Applicant was received on 8 September 2014 indicating that she was not prepared to file such a notice as she did not consider the matter discontinued.

[4] In the view of the Applicant’s refusal to file a Notice of Discontinuance, the circumstances of this matter disclose that the application has no reasonable prospects of success and consequently the application is dismissed.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR555246>