Thibaut De Crisnay v Veolia Water Solutions & Technologies (Australia) Pty Ltd

[2015] FWC 6573

[2015] FWC 6573 [Note: An appeal pursuant to s.604 (C2015/6208) was lodged against this decision - refer to Full Bench decision dated 18 November 2015 [[2015] FWCFB 7742] for result of appeal.]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal

Thibaut De Crisnay
v
Veolia Water Solutions & Technologies (Australia) Pty Ltd; Emmanuel Gayan; Bertrand Devolve; OTV International
(C2015/3384)

DEPUTY PRESIDENT LAWRENCE SYDNEY, 23 SEPTEMBER 2015

Application to deal with contraventions involving dismissal.

[1] On 21 July 2015 Thibaut De Crisnay (the Applicant) filed an application under s.365 of the Fair Work Act 2009 (the Act) for the Fair Work Commission to deal with a general protections dispute in accordance with Part 3-1 of the Act.

[2] The Respondents were:

● Veolia Water Solutions & Technologies (Australia) Pty Ltd;

● Emmanuel Gayan;

● Bertrand Devolve.

[3] A response was filed on behalf of the first respondent on 11 August 2015.

[4] A conference took place on 24 August 2015 in the Commission in Sydney. No resolution was reached.

[5] On 21 September 2015 the Applicant filed an application pursuant to s.586 of the Act to add a fourth respondent “OTV International” to the application. This is a French entity which was identified by the representative of the first respondent during the conference in the Commission as the employer of the Applicant.

[6] The first respondent has indicated its opposition to amending the application.

[7] Given the uncertainty as to the employer, it seems to me entirely appropriate to exercise my discretion under s.586 to amend the application in the terms sought.

[8] An order accompanies this decision.

[9] In the absence of any further advice from the parties by COB on Friday, 25 September 2015 that there is a real prospect of agreement being reached, a certificate pursuant to s.368 of the Act will be issued.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR572215>