Stephen Ennis v ArchiApps Pty Ltd

[2023] FWC 11

[2023] FWC 11

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Stephen Ennis
v

ArchiApps Pty Ltd

(U2018/3495)

COMMISSIONER BISSETT MELBOURNE, 10 JANUARY 2023

Application for an unfair dismissal remedy – deregistration – application dismissed

1. On 4 April 2018 Mr Stephen Ennis (the Applicant) made an application pursuant to s.394 of the Fair Work Act 2009 (FW Act) seeking relief from unfair dismissal. The Applicant had been employed by ArchiApps Pty Ltd (the Respondent) and was dismissed on 4 April 2018.

1. On 11 May 2018 the Commission was notified that the Respondent had entered liquidation and on 21 May 2018 the Commission received an ASIC Form 505 confirming that a liquidator had been appointed.

1. The Decision issued on 7 March 2019[1] stayed Mr Ennis’ application on the basis that the Respondent 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.

1. On 29 December 2022 the Commission performed a search on the ASIC company database which showed that the Respondent had been deregistered on 1 October 2022.

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 I am satisfied that Mr Ennis’ application has no reasonable prospects of success.

1. As such, I order that the application be dismissed pursuant to s.587(1)(c) of the Fair Work Act 2009.

COMMISSIONER

[1] [2019] FWC 1480

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