Shaun Maddock v Redlion Bus and Coach

[2015] FWC 2027

[2015] FWC 2027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Shaun Maddock
v
Redlion Bus and Coach
(U2014/16413)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 24 MARCH 2015

Application for relief from unfair dismissal.

[1] Mr Shaun Maddock alleged that the termination of his employment by Redlion Bus and Coach (Redlion) was unfair. Redlion filed a response to the application and objected to Mr Maddock’s application on the ground that Redlion is a partnership. As the employment occurred in Western Australia, it submitted that the partnership was a non-constitutional corporation and is not covered by the federal unfair dismissal laws.

[2] Redlion advised that it wished its objection to be dealt with prior to the application being referred to conciliation.

[3] On 28 January 2015, directions were issued to the parties to file material in support of their respective contentions.

[4] Redlion filed a copy of Redlion’s business name registration maintained by the Australian Securities & Investment Commission (ASIC). It submitted that Mr Maddock had been paid by Redlion and provided a copy of a pay advice.

[5] Mr Maddock submitted that he was unaware that Redlion was a partnership. He opposed Redlion’s objection on the grounds that Redlion was not a small business, it has a substantial number of buses and has significant contracts.

[6] An examination of the ASIC register disclosed the existence of a company called Redlion Bus Pty Ltd and an internet search disclosed that it had the same address and phone numbers as Redlion. As a consequence, I asked Redlion whether it was owned by Redlion Bus Pty Ltd. Redlion advised that it was not.

[7] While Redlion agreed that the matter could be determined on the papers, Mr Maddock asked that the matter proceed to a hearing/conference.

[8] A telephone hearing was held today. At the telephone hearing, Mr Sortberg, on behalf of Redlion, advised that the partnership consisted of two natural persons. He further advised that Redlion Bus Pty Ltd had never traded.

[9] Mr Maddock did not challenge this information and made no submissions that Redlion was a national system employer.

[10] To be protected from unfair dismissal under the Fair Work Act 2009, an employee must be employed by a national system employer. A partnership consisting of two natural persons in Western Australia is not a national system employer and therefore Mr Maddock’s application must be dismissed.

DEPUTY PRESIDENT

Appearances:

S Maddock on his own behalf.

J Sortberg for Redlion Bus and Coach.

Hearing details:

2015.

Melbourne and Perth (telephone hearing):

24 March.

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