UNFAIR DISMISSAL APPLICATION

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Mark Crowley

APPLICANT

-v-

Resources development group/ Centrals

RESPONDENT

CORAM Commissioner T Kucera

DATE Wednesday, 13 August 2025

FILE NO/S U 123 OF 2024

CITATION NO. 2025 WAIRC 00693

Result Application dismissed

Representation

Applicant Mr M Crowley

Respondent Mr A Ellison

Order

WHEREAS the applicant on 20 November 2024 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 18 December 2024 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 it appeared the respondent was a ‘national system employer’ and the applicant had likely filed his unfair dismissal claim in the wrong jurisdiction;

AND WHEREAS the Commissioner has given the applicant an opportunity to seek legal advice in relation to the jurisdictional objection and to advise whether he intended to proceed with or discontinue the application;

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