TERMINATION OF EMPLOYMENT – termination at initiative of employer – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent objected on the basis that the dismissal was not at the employer’s initiative, and, that the applicant was engaged under a contract of employment for a specified period of time, or a specific task – applicant employed as Painter Trades Worker pursuant to a signed contract of employment which referred to his subclass 457 visa but did not specify a particular end date – respondent formed view that suitable Australian citizens or permanent residents were readily available to fill position occupied by applicant – respondent engaged a person in position of applicant on 27 September 2016 – advised applicant on 27 September 2016 that it would not be renewing his visa and his employment would terminate with effect from the expiry of visa on 24 October 2016 – Commission found contract was not for a specified period of time or task due to absence of end date together with capacity for termination at any time – found respondent made decision not to seek to renew applicant’s subclass 457 visa – reflects decision made at initiative of employer – applicant no longer being able to work in Australia when visa expired – continuing issues relating to applicant’s work injury and payment for costs associated with return airfares to Philippines – Commission not satisfied that application was frivolous, vexatious or had no reasonable prospect of success – application will be listed for consideration of the merits – Commission to conduct a further attempt at conciliation. Sinatad v Aquatic Leisure Technologies atf Aqua Technics Unit Trust
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