PR927329 PR927329 Download Word Document AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 s.170CE application for relief in respect of termination of employment Scott MacDonald and SECUREcorp (U2002/6311) COMMISSIONER SMITH MELBOURNE, 4 FEBRUARY 2003 Termination of employment. EX TEMPORE DECISION [1] The following decision, now edited, was issued during proceedings conducted on 17 January 2003. [2] In this matter, Mr Scott MacDonald seeks relief pursuant to section 170CK of the Workplace Relations Act 1996 . Mr MacDonald commenced employment on 17 August 2002 and was subsequently dismissed with effect on 4 November 2002. The employer, SECUREcorp Pty Ltd, has moved for the dismissal of the matter pursuant to section 170CEA, the grounds being that Mr MacDonald was serving a period of probation, determined in advance. [3] The facts of the matter are plain and uncontested. On 14 August Mr MacDonald was given a contract of employment to consider and on 16 August he signed that contract. Clause 22 of the contract provided: Probation Period. You will be employment on probation for a period of three months. At any time during that probationary period either you or the employer can terminate this agreement by providing one week's notice in writing or that notice can be paid in lieu. [4] Against that background I find that the application by Mr MacDonald is excluded by section 170CC of the Workplace Relations Act 1996 read in conjunction with regulation 30B(1)(c) of the Act. [5] Accordingly, the application is struck out. BY THE COMMISSION: COMMISSIONER Appearances: S MacDonald the applicant . T Rowe with M Scott on behalf of SECUREcorp. Hearing details: 2003. Melbourne: January, 17. Printed by authority of the Commonwealth Government Printer <Price code B>