Shane Petrovic v The Meat-ting Place Organics T/A the Meat-ting Place Organics

[2019] FWC 8237

[2019] FWC 8237

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Shane Petrovic
v
The Meat-ting Place Organics T/A The Meat-ting Place Organics
(U2017/12143)

COMMISSIONER BISSETT MELBOURNE, 5 DECEMBER 2019

Application for an unfair dismissal remedy - deregistration - application dismissed.

[1] On 6 August 2018, a decision 1 was issued in relation to the application by Mr Shane Petrovic (Applicant) for remedy for unfair dismissal

[2] The Applicant had named The Meat-ting Place Organics T/A The Meat-ting Place Organics (Respondent) as the respondent entity in his Form F2 – Unfair Dismissal Application (Form F2). On 16 November 2017, the Respondent telephoned the Fair Work Commission (the Commission) advising that it was in liquidation and that a liquidator had been appointed. This was confirmed in an email to the Commission on 23 November 2017, which also contained the details of the liquidator.

[3] The decision issued on 6 August 2018 stayed the Applicant’s application on the basis that the Company was in liquidation and pursuant to s.500(2) of the Corporations Act 2001, the application was not able to proceed except by leave of the Court. 2

[4] On 20 November 2019, the Commission performed a search on the ASIC company database which revealed that the Respondent entity had been deregistered on 7 September 2019.

[5] On 20 November 2019, the Commission wrote to the Applicant advising of the Company’s deregistration and that no proceedings can continue against a deregistered company. On that basis, the Applicant was given an opportunity to file a Form F50 Notice of Discontinuance. The Applicant was advised that if he did not do so by 27 November 2019, his application may be dismissed because it had no reasonable prospects of success. The Applicant did not respond to the correspondence or file a Notice of Discontinuance.

In the circumstances, I am satisfied that the Applicant’s application has no reasonable prospects of success. Therefore, I will exercise my power under s.587(1)(c) of the Fair Work Act 2009 to dismiss the application. An order 3 giving effect to this decision will be issued separately

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR714873>

 1   [2018] FWC 4583.

 2 Ibid at [14].

 3   PR714874.