Aaron Austin v BG Enterprises

[2021] FWC 2444

[2021] FWC 2444

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Aaron Austin
v
BG Enterprises
(U2021/3170)

COMMISSIONER BISSETT MELBOURNE, 3 MAY 2021

Application for relief from unfair dismissal – incomplete application – dismissal under s.587 at the Commission’s initiative.

[1] On 14 April 2021 Aaron Austin (the Applicant) made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act). Mr Austin alleges that he was unfairly dismissed by BG Enterprises (the Respondent) on 25 March 2021.

[2] The application form filed by Mr Austin was incomplete in that he did not provide the commencement date of employment.

[3] On 15 April 2021 the Commission attempted to contact Mr Austin on his nominated telephone number to request the missing details. Mr Austin did not answer the call. A voicemail message was left requesting that he call the Commission to provide the date he commenced employment.

[4] Later that day, the Commission emailed correspondence to Mr Austin’s nominated email address requesting that he provide further details as the application was incomplete, as question 1.1 of the Form F2 – Unfair dismissal application had not been completed. The correspondence also advised that if the relevant information was not provided within 14 days, the application may be dismissed.

[5] As the required information was not received, on 29 April 2021 the Commission attempted to contact Mr Austin on his nominated telephone number. A voicemail message was left requesting he contact the Commission as his application was at risk of being dismissed.

[6] To date, no response has been received and Mr Austin has not provided the necessary details as requested.

[7] Section 587(1) of the FW Act provides as follows:

587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospect of success.

[8] In these circumstances, I have determined that the application was not made in accordance with the FW Act. As such, the application is dismissed under s.587(1)(a) of the FW Act. An order 1 to this effect will be issued with this decision.

COMMISSIONER

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