Benchmark WA Industrial Relations Case Database

Gabriel Peterson Das Chagas v MacMahon Contractors

[2024] FWC 2601 Fair Work Commission 2024-01-01
Source
Deputy President Easton
Not yet cited by other cases
Applicant: Gabriel Peterson Das Chagas
Respondent: MacMahon Contractors
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Authority signal

Not yet cited by other cases Signal-weighted score: 0.0
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Concept tags · 4

[P]General protections (FW Act Pt 3-1) [S]Unfair dismissal (WA) [S]Unfair dismissal (federal) [S]Employee v independent contractor
Archived text (185 words)
1 Fair Work Act 2009 s.372—General protections Gabriel Peterson Das Chagas v MacMahon Contractors (C2024/5655) DEPUTY PRESIDENT EASTON SYDNEY, 20 SEPTEMBER 2024 Application to deal with other contraventions dispute – application dismissed. [1] On 11 August 2024 Mr Gabriel Peterson Das Chagas made a general protections application not involving dismissal to the Fair Work Commission under s.372 of the Fair Work Act 2009 (Cth). [2] Mr Peterson Das Chagas’ application was not made in accordance with the Act (per s.587(1)(a)) because the prescribed fee (per s.373) has not been paid or waived. Section 587 confers a discretion on the Commission to dismiss Mr Peterson Das Chagas’ application. [3] Mr Peterson Das Chagas has been given ample opportunity to rectify the deficiency in the application (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]-[16] and the cases cited therein). [4] In the circumstances I am satisfied that Mr Peterson Das Chagas’ application should be dismissed. [5] I order that Mr Peterson Das Chagas’ application be dismissed. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR779477> [2024] FWC 2601 DECISION