RECOMMENDATION

Fair Work Act 2009
s.789GV - Application to deal with a dispute under Part 6-4C

Wilfred Lam
v
Mobile Technology International Pty Ltd
(C2020/6282)

Application to deal with a dispute in relation to JobKeeper.

[1] I recommend that within seven days of the date of the decision 1 in matter number C2020/6282 there be:

1. Consultation between Mr Lam and MTI and/or its parent company A2B Australia Ltd about whether he is able to perform any or all of his duties from home, with such consultation to be informed by the exchange of information by each party. Information that should be exchanged as a minimum is:

a. information about Mr Lam’s medical conditions and medication;

b. an outline of the duties that could be performed by Mr Lam from home and any equipment or security preconditions that would be required of Mr Lam by MTI in order for him to work from home.

2. In the consultation, the parties should genuinely endeavour to agree the terms upon which Mr Lam’s 28.5 hours per week may be worked by him for the duration of the Order given by the Commission;

3. In the event that the above consultation does not bring the parties to an agreed position, and after the expiry of seven days from the date of the decision, either party may approach the Commission under the current matter for further conciliation, or further or alternative Orders;

4. The file in this matter will be closed 14 days after the date of the decision should the Commission not be requested by either party for further conciliation or further or alternative Orders in relation to the subject matter of this Recommendation.

COMMISSIONER

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 1   [2020] FWC 4366.