Nathan Hill v Central Highlands Regional Council

[2014] FWC 7220

[2014] FWC 7220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Nathan Hill
v
Central Highlands Regional Council
(U2014/12012)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 14 OCTOBER 2014

Application for relief from unfair dismissal.

[1] On 26 August 2014, Mr Nathan Aaron Hill made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Mr Hill brought his claim against the Central Highlands Regional Council.

[3] On 27 August 2014, correspondence was sent to Mr Hill stating that the Central Highlands Regional Council may not be a national system employer. Mr Hill was advised that employees who are not employed by a national system employer are ineligible to make an application for remedy for unfair dismissal. The correspondence required Mr Hill to advise the Commission within 14 days whether he wished to proceed with his application.

[4] On 8 September 2014, further correspondence was sent to Mr Hill allowing a further 14 days for him to reply, and advising him that if no response was received the application would be dismissed.

[5] On 24 September 2014, a voice mail message left for Mr Hill requesting that he contact the Commission.

[6] On 25 September 2014, correspondence was sent to Mr Hill’s representative allowing a further 14 days in which to reply, and advising him that if no response was received the application would be dismissed.

[7] On 25 September 2014, a voice mail message was left for Mr Hill’s representative requesting that he contact the Commission.

[8] Neither Mr Hill or his representative contacted the Commission or provided any response to the correspondence.

[9] Section 587(1) of the Act provides:

587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

[10] The Commission is only required to hold a hearing or conference if there are disputed facts. In this matter, there is no dispute that Mr Hill was employed by the Central Highlands Regional Council. The Fair Work (State Declarations - employer not to be a national system employer) Endorsement 2012 (No.3) declared 1 the Central Highlands Regional Council not to be a national system employer.

[11] Therefore, Mr Hill is not protected from unfair dismissal.

[12] Consequently, the application is dismissed under s.587(1)(c) of the Act.

DEPUTY PRESIDENT

 1 See paragraph 14(4)(a) of the Fair Work Act 2009

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