s.526 - Stand down

Application to deal with a dispute involving stand down

• [1] This decision concerns an application made by Mr Aron Christian Merriamn (Applicant) under s.526 of the Fair Work Act 2009 (FW Act) for the Fair Work Commission (Commission) to deal with a dispute about the operation of Part 3-5 of the FW Act.

• [2] Part 3-5 of the FW Act provides for an employer to stand down an employee without pay in certain circumstances. Those circumstances are if the employee cannot be usefully employed because of industrial action, a breakdown of machinery or equipment, or a stoppage of work for which the employer cannot reasonably be held responsible.

• [3] The application is not set out in the clearest terms, but it appears the Applicant alleges he was stood down without pay due to a conflict of interest between his employment with The Northcott Society and other work he performs "under an ABN." The Applicant was afforded opportunities to provide further information about the dispute but did not respond. Based on the information in application, I am not satisfied that the dispute is a dispute about the operation of Part 3-5. The application is dismissed pursuant to s.587(1)(c) of the FW Act.

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