UNFAIR DISMISSAL APPLICATION

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Joshua Peter Lodge

APPLICANT

-v-

Red Dust Holdings

RESPONDENT

CORAM Commissioner T Kucera

DATE Monday, 4 August 2025

FILE NO/S U 56 OF 2025

CITATION NO. 2025 WAIRC 00691

Result Application dismissed

Representation

Applicant Joshua Peter Lodge

Respondent Red Dust Enterprises Pty Ltd

Order

WHEREAS the applicant on 8 May 2025 filed a Form 2 – Unfair Dismissal Application pursuant to s 29(1) (a) of the Industrial Relations Act 1979 (application);

AND WHEREAS the respondent on 16 June 2025 filed a Form 2A – Employer Response to Unfair Dismissal Application in which it objected to the application on the ground that it was a national system employer (jurisdictional objection);

AND WHEREAS the Commission on 3 July 2025 convened a conciliation conference, to hear from the parties on the jurisdictional objection (conference);

AND WHEREAS the Commissioner noted the Commission had sent the applicant a Notice of Listing to his home and email addresses;

AND WHEREAS the Commissioner had noted the applicant did not answer his telephone when called and it appears the applicant did not attempt to contact the Commission to request his unfair dismissal claim be moved to a different date or to advise whether he intended on proceeding with the application;

AND WHEREAS On 3 July 2025, the applicant did not appear at the Commission for the conference and was not contactable by telephone;

AND WHEREAS representatives for the Red Dust Enterprises Pty Ltd (respondent) appeared at the conference by ZOOM;

AND WHEREAS because of the applicant’s failure to appear at the Commission, the Commissioner was unable to deal with the application whether by conciliation or otherwise;

AND WHEREAS it appears the respondent is a ‘national system employer’ and the applicant has likely filed his unfair dismissal claim in the wrong jurisdiction;

AND WHEREAS the Commissioner has determined the appropriate course would be for the applicant to request his unfair dismissal claim be listed for a ‘Show Cause Hearing’, at which time the applicant would be given an opportunity to explain why the Commission should continue to deal with his unfair dismissal claim (Show Cause Hearing);

AND WHEREAS the Commissioner advised the applicant in writing that if he did not request a Show Cause Hearing by Wednesday, 23 July 2025, his unfair dismissal claim would be dismissed;

AND WHEREAS the Commission has heard nothing further from the applicant in relation to the application;

NOW THEREFORE the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders –

 THAT the application be dismissed.

Commissioner T Kucera