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Fair Work Act 2009
s.365—General protections
Richard M Bosworth
v
Coles Supermarkets Australia Pty Ltd
(C2021/8706)
COMMISSIONER WILLIAMS PERTH, 11 MAY 2022
Application to deal with contraventions involving dismissal
[1] This matter involves an application made by Mr Richard Bosworth (the Applicant)
under section 365 of the Fair Work Act 2009 (the Act) to deal with alleged contraventions
involving dismissal. The respondent is Coles Supermarkets Australia Pty Ltd (the Respondent).
[2] The Respondent objects to the application on the ground that the Applicant has not been
dismissed by the Respondent. The Respondent submits that the Applicant resigned from his
employment voluntarily, at a time when he was on a period of personal leave.
[3] The application was the subject of a conference with a Fair Work Commission staff
conciliator however the matter was not resolved and so was referred to me for arbitration to
determine whether the Applicant had been dismissed.
[4] Correspondence was sent to the parties on 29 March 2022 notifying them of a hearing
and providing specific directions to each party. This was sent to the Applicant by email. The
Applicant was directed to provide written materials in response to the Respondent’s objection
by 4 May 2022. Nothing was received from the Applicant by this date.
[5] A follow up letter was emailed to the Applicant on 5 May 2022 regarding his failure to
comply with the Fair Work Commission’s direction and directing that his materials be filed and
served on the Respondent by 4:00pm on 9 May 2022. The letter advised a further failure to
comply with the Fair Work Commission’s direction would be grounds for the application to be
dismissed without further notice.
[6] As at the date of this decision the Applicant has not filed any materials as directed nor
otherwise contacted the Commission.
The legislation
[7] Section 577 of the Act obliges the Fair Work Commission to perform its functions and
exercise its powers in a manner that is fair, just and is quick, informal and avoids unnecessary
[2022] FWC 1114 [Note: An appeal pursuant to s.604 (C2022/3215) was
lodged against this decision – refer to Full Bench decision dated
12 August 2022 [[2022] FWCFB 153] for result of appeal.]
DECISION
AUSTRALIA FairWork Commission
http://www.fwc.gov.au/documents/decisionssigned/html/2022FWCFB153.htm
[2022] FWC 1114
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technicalities and is open and transparent and promotes harmonious and cooperative workplace
relations.
[8] Section 587(3) of the Act empowers the Fair Work Commission to dismiss an
application on its own initiative.
Decision
[9] In this case the Applicant has repeatedly failed to comply with the Fair Work
Commission’s directions and was on notice that non-compliance would be grounds for the
application to be dismissed.
[10] Consequently, my decision is that this application to deal with contraventions involving
dismissal should now dismissed on the initiative of the Fair Work Commission under section
587(3) of the Act.
[11] An Order [PR741469] to this effect will now be issued
Printed by authority of the Commonwealth Government Printer
PR741471
THE FAIR WORK OMMISSION COMMISE CAL THE S
