Adrian Riches v RNR Contracting Pty Ltd

[2013] FWC 5560

[2013] FWC 5560

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Adrian Riches
v
RNR Contracting Pty Ltd
(U2013/11623)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 12 AUGUST 2013

Application for unfair dismissal remedy dismissed pursuant to s.587(1)(a) of the Fair Work Act 2009.

[1] On 18 July 2013, a telephone application pursuant to s.394 of the Fair Work Act 2009 (the Act) for remedy for unfair dismissal was lodged by Mr Adrian Riches (the Applicant).

[2] Section 609(1) of the Act provides that after consultation with other Commission Members, the President may issue procedural rules in relation to the practice and procedure to be followed by the Fair Work Commission (the Commission) or the conduct of business in relation to matters allowed or required to be dealt with by the Commission. Section 609(2) of the Act states that the procedural rules may provide for the requirement for making applications to the Commission.

[3] Rule 6.2 of the Fair Work Australia Rules 2009 (the Rules) provides:

6.2 Subject to these Rules:

(a) an application to FWA must be made using the form in Schedule 2 that is specified for the purpose in Schedule 1; and

(b) notice must be given to FWA using the form in Schedule 2 that is specified for the purpose in Schedule 1.

[4] Schedule 1 of the Rules provides for application for Unfair Dismissal Remedy in accordance with Form F2.

[5] The Form F2 filed by the Applicant in the Commission was incomplete in the following respects; questions 2, 3 and 4 had not be answered, the application was unsigned and undated and the payment of filing fee had not been made nor an application for waiver of filing fee filed.

[6] On 18 July 2013 the Applicant was requested, by correspondence sent to the postal address specified on his application, to provide further details. An attempt to contact the Applicant on the mobile phone number specified on his application on 1 August 2013 was unsuccessful and a message was left. A second attempt to contact Applicant the mobile phone number specified on his application on 8 August 2013 was also unsuccessful; an automated message stated that the mobile number is not available from this service, and no option was available for a message to be left.

[7] The Applicant has not contacted the Commission nor provided the necessary details as requested.

[8] Section 587 of the Act provides:

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 prospects of success.

Note: For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3-2, see section 399A.

(2) Despite paragraphs (1)(b) and (c), the FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or

(b) has no reasonable prospects of success.

(3) The FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.

[9] In these circumstances, I have formed the opinion that the Application was not made in accordance with the Act.

[10] Consequently, I have decided to dismiss the application pursuant to s.587(1)(a) of the Act.

DEPUTY PRESIDENT

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