National Union of Workers v Synovate Pty Ltd

[2011] FWA 5826

[2011] FWA 5826

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.526 - Application to deal with a dispute involving stand down

National Union of Workers
v
Synovate Pty Ltd
(C2011/5380)

COMMISSIONER CLOGHAN PERTH, 29 AUGUST 2011

Application to deal with a dispute involving stand down.

[1] On 5 August 2011, the National Union of Workers (“the NUW/Applicant”) made application to Fair Work Australia to deal with a Stand Down Dispute.

[2] The application was made pursuant to s.526 of the Fair work Act 2009 (“the FW Act”).

[3] The Respondent named in the application is Synovate Pty Ltd (“the Employer”).

[4] The dispute relates to the assertion by the NUW that the Employer stood down an employee without pay pending an investigation into a workplace incident. The Applicant asserts that the employee was stood down without pay despite none of the criteria in s.524(1) of the FW Act and the relevant enterprise agreement applying.

[5] The NUW is seeking the employee being paid salary equivalent to the time stood down by the Employer.

[6] The Tribunal dealt with the application by way of a conciliation conference on 23 August 2011.

[7] At the conciliation conference both parties assisted to establish the dates and times of the alleged stand down without pay. Notwithstanding agreement on this issue, the Employer resisted the grounds upon which the application was made.

[8] The dispute was unable to be resolved at conciliation.

[9] On 25 August 2011, the NUW advised that the employee “will not be seeking arbitration for the four days he was stood down without pay”. However, the employee “will be continuing with this unfair dismissal”.

[10] The NUW, as part of its correspondence to the Tribunal, sought that the Tribunal, pursuant to s.595(2) of the FW Act, make a recommendation or express an opinion on the application.

[11] Section 595(2) of the FW Act provides the Tribunal with powers to exercise its discretion to make a recommendation or express an opinion. In view of the Applicant pursuing a remedy for alleged unfair dismissal and the circumstances common to both applications, I am of the view that it would be inappropriate to make a recommendation or express an opinion.

[12] I invite the Applicant to liaise with my Associate concerning concluding the application in view of paragraph [11].

COMMISSIONER

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