Ms Taisia Kaye v Versatile Ceramics

[2012] FWA 6953

[2012] FWA 6953

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Ms Taisia Kaye
v
Versatile Ceramics
(U2012/10539)

COMMISSIONER ROE MELBOURNE, 15 AUGUST 2012

Application for unfair dismissal remedy - identity of employer.

[1] In this matter there have been issues about the correct identity of the employer and also difficulties in contacting the employer.

[2] The Application lodged on 14 June 2012 originally referred to More Ceramic Tiles Pty Ltd. More Ceramic Tiles Pty Ltd advised FWA that they were not the Applicant’s employer but that they had contracted the Applicant for a period of two weeks. On 12 July 2012 Commissioner Jones issued an Order (PR526219) amending the Respondent to Versatile Ceramics (ABN 44 249 024 176).

[3] FWA has been unsuccessful to date in serving documents on Versatile Ceramics. The contact details provided by the Applicant have elicited responses from John Kiprovski of More Ceramic Tiles who has responded on behalf of Mr Marco Fahd. Mr Kiprovski says that Mr Marco Fahd has nothing whatsoever to do with whatever took place with Michelle Kaye (the Applicant) and that Mr Alex Fahd is not located at the address.

[4] The ASIC database provides information in respect to Versatile Ceramics including:

• It has been registered since 31/10/2006.



• The business address is PO Box 947 Seven Hills NSW 1730 Australia.



• The owners are Mr Alex Fahd and Mr Marco Fahd.

[5] The Respondent is advertised to be open for trading at:

Marco Fahd/Alex Fahd

Cnr Hume Hwy & Rockwood Road

Bankstown NSW 2200

[6] I granted Mr Andrew Crabb permission to appear on behalf of the Applicant at the hearing on 14 August 2012. The notice of listing was sent to the registered business address. In addition I requested My Associate to fax and email Mr Marco Fahd and Mr Kiprovski to advise that “to avoid any doubt you are required to attend the Hearing tomorrow, 14 August 2012 at 2.15pm”. In response Mr Kiprovski on behalf of Mr Marco Fahd advised that Mr Marco Fahd had nothing to do with the matter and that there was no reason for him to attend the hearing.

[7] At the hearing Mr Crabb suggested that the Respondent is a Partnership of Mr Marco Fahd and Mr Alex Fahd trading as Versatile Ceramics (ABN 44 249 024 176). I agree that the evidence provided of the ASIC report suggests that this is the case. I therefore have decided that, subject to consideration of further submission, I will issue a further Order that the Application be amended to provide that the Respondent be named as Mr Marco Fahd and Mr Alex Fahd trading as Versatile Ceramics (ABN 44 249 024 176). I will provide Mr Marco Fahd and Mr Alex Fahd with 14 days in which to provide any submission as to why I should not make such an Order.

[8] I further decide that once Orders have been issued in respect to the named Respondent the matter will be listed for arbitration hearing and directions issued in the normal manner.

COMMISSIONER

Appearances:

Mr A Crabb appeared on behalf of the Applicant.

No appearance for the Respondent.

Hearing details:

2012

Melbourne

August 14

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<Price code A, PR527923>