Shawn Garson v Urban Land Authority T/A Places Victoria

[2013] FWC 4078

[2013] FWC 4078

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.773—Termination of employment

Shawn Garson
v
Urban Land Authority T/A Places Victoria
(C2013/3672)

COMMISSIONER LEE MELBOURNE, 24 JUNE 2013

Application to deal with an unlawful termination dispute - applicant entitled to make a general protections court application - application amended - s.365, 586 and 773 Fair Work Act 2009

[1] This is an application made by Mr Shawn Garson (the Applicant) under section 773 of the Fair Work Act 2009 (the Act), for the Fair Work Commission to deal with an unlawful termination dispute.

[2] The Urban Land Authority T/A Places Victoria has submitted that the application was made in contravention of section 723 of the Act, which reads as follows;

“723 Unlawful termination applications

A person must not make an unlawful termination application in relation to conduct if the person is entitled to make a general protections court application in relation to the conduct.”

[3] Having considered the materials in this matter, I advised the parties that in my view it was clear that the Applicant was a person entitled to make an application under section 365 of the Act (entitled to make a general protections court application).

[4] I proposed to the parties that in the circumstances, the application should be amended under section 586 of the Act to be an application made under section 365. Section 586 provides as follows;

“586 Correcting and amending applications and documents etc.

The FWC may:

(a) allow a correction or amendment of any application, or other document relating to a matter before the FWC, on any terms that it considers appropriate; or

(b) waive an irregularity in the form or manner in which an application is made to the FWC.”

[5] This course of action was not objected to by either party.

[6] The application is amended to be an application made under section 365 of the Act. Accordingly, the conference conducted before me today was a conference held pursuant to section 368 of the Act.

[7] Further programming of this matter will take place consistent with the Directions which will be issued from my chambers to the parties.

COMMISSIONER

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