Zivko Jovanovski v Govan Industries Pty Ltd

[2016] FWC 2110

[2016] FWC 2110

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Zivko Jovanovski
v
Govan Industries Pty Ltd
(U2012/16370)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 5 APRIL 2016

Application for unfair dismissal.

[1] On 12 May 2014, I issued a decision 1 staying the application made by Mr Zivko Jovanovski as the creditors of Govan Industries Pty Ltd, now known as Zephyr Global Pty Ltd, passed a resolution to voluntarily wind up the company.

[2] On 17 March 2016, the Commission performed a search on the ASIC company database which revealed that Zephyr Global Pty Ltd (ACN: 101 391 637) had deregistered on 13 August 2014.

[3] Correspondence was sent to Mr Jovanovski on 18 March 2016 advising that unless he filed a notice of discontinuance, I will issue a decision dismissing the application.

[4] Mr Jovanovski did not respond to the correspondence or file a notice of discontinuance.

[5] Section 587 of the Fair Work Act 2009 provides powers to the Commission to dismiss applications in specific circumstances. Having regard to the facts of this matter, I am satisfied that Mr Jovanovski’s application has no reasonable prospects of success 2 and it should therefore be dismissed.

DEPUTY PRESIDENT

 1   [2014] FWC 3049.

 2 S.587(1)(c) of the Act.

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