Peter Dunning v The Trustee for ARCD Repair Centre Trust

[2023] FWC 2766

[2023] FWC 2766

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Peter Dunning
v

The Trustee for ARCD Repair Centre Trust

(U2023/7349)

COMMISSIONER BISSETT MELBOURNE, 23 OCTOBER 2023

Application for an unfair dismissal remedy

1. On 9 August 2023 Mr Peter Dunning (the Applicant) made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the FW Act) alleging he was unfairly dismissed by The Trustee for ARCD Repair Centre Trust (the Respondent).

1. On 5 September 2023 the Commission was made aware that the Respondent had entered external administration. On 13 September 2023 the Commission was made aware that the Respondent is subject to a Court liquidation.

1. Later that day, the Commission sent correspondence to Mr Dunning advising him that although leave of the Court is not required, it is my ‘preliminary view that there is little utility in continuing with [his] application’ because the Respondent is insolvent. Mr Dunning was asked to provide any submissions as to why his matter should continue to be dealt with by the Commission by 12.00 pm (noon) on 20 September 2023.

1. The Commission has not received any correspondence from Mr Dunning.

1. Section 587 of the FW Act provides as follows:

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.

1. In the circumstances where it is my view that there is little utility in continuing the application and Mr Dunning has failed to provide any submissions or any further correspondence to the Commission, I am satisfied that Mr Dunning’s application has no reasonable prospects of success.

1. The application is therefore dismissed.

COMMISSIONER

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