Richard Old v AWA Limited (Administrators Appointed) PPB Advisory T/A AWA Limited

[2016] FWC 2139

[2016] FWC 2139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Richard Old
v
AWA Limited (Administrators Appointed) PPB Advisory T/A AWA Limited
(U2014/1593)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 5 APRIL 2016

Application for relief from unfair dismissal.

[1] On 16 December 2015, I issued a decision 1 staying the application made by Mr Richard Old as the creditors of AWA Limited passed a resolution to voluntarily wind up the company.

[2] On 18 March 2016, the Commission performed a search on the ASIC company database which revealed that AWA Limited (ACN: 111 674 661) had deregistered on 11 February 2016.

[3] Correspondence was sent to Mr Old on 18 March 2016 advising that unless he filed a notice of discontinuance, I will issue a decision dismissing the application.

[4] Mr Old did not respond to the correspondence or file a notice of discontinuance.

[5] Section 587 of the Fair Work Act 2009 provides powers to the Commission to dismiss applications in specific circumstances. Having regard to the facts of this matter, I am satisfied that Mr Old’s application has no reasonable prospects of success 2 and it should therefore be dismissed.

DEPUTY PRESIDENT

 1   [2015] FWC 8367.

 2 S.587(1)(c) of the Act.

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