Norm Conway v Visionstream Pty Ltd

[2016] FWC 5576

[2016] FWC 5576

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 9 Sch. 5—Take-home pay

Norm Conway
v
Visionstream Pty Ltd
(C2014/8096)

COMMISSIONER LEE MELBOURNE, 15 AUGUST 2016

Application for take-home pay order (individual employee/outworker) - application dismissed.

[1] This is an application under Item 9 of Schedule 5 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 for the Fair Work Commission (the Commission) to make a take home pay order (individual employee/outworker). The application has been made by Mr Norm Conway (the Applicant) against Visionstream Pty Ltd (the Respondent).

[2] When considering whether to make such an order, the Commission must be satisfied that a modern award applies to the employee and that there has been a “modernisation related reduction in take home pay”. 1 The Form F47A application lodged by the Applicant in this matter referred to a “New EBA” at Question 3 rather than naming a modern award. The Commission has no jurisdiction to make a take home pay order to deal with the coming into effect of a new enterprise agreement. Accordingly, I wrote to the Applicant outlining the above advising that based on the information provided in the Form F47A the application appears to be without jurisdiction.

[3] The Applicant was given the opportunity to request a hearing to make submissions in relation to the application. I advised the Applicant that should a response not be provided to the correspondence by the date specified the application will be dismissed. The Applicant did not provide a response to my correspondence nor did the Applicant request a hearing to make submissions in relation to the application

[4] The application is therefore dismissed.

COMMISSIONER

 1   See Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, item 32 of schedule 3A, item 9 or 13B of schedule 5, item 12 of schedule 6 and item 14 of schedule 6A.

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