Agustin Navarrete v Expresso Bonsai Pty Ltd

[2022] FWC 926

[2022] FWC 926

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Agustin Navarrete
v

Expresso Bonsai Pty Ltd

(U2022/3640)

COMMISSIONER BISSETT MELBOURNE, 22 APRIL 2022

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

1. On 26 March 2022 Mr Agustin Navarrete 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).

1. The application form filed by Mr Navarrete was incomplete in that the filing fee was unpaid. Additionally, no street address or email address for the respondent was provided.

1. On 28 March 2022 the Commission attempted to contact Mr Navarrete on his nominated telephone number to request the missing details. However the number provided was incorrect. The Commission phoned Mr Navarrete’s representative Ms. Lauren Navarrete and left a voicemail advising the application is incomplete. The Commission advised an email address or a physical address for the Respondent was required, and the filing fee needed to be paid or a fee waiver form completed. 

1. Later that day, the Commission emailed correspondence to Mr Navarrete’s nominated email address advising that he provide further details as the application was incomplete and that the filing fee remained unpaid. That correspondence advised that if the missing information and the filing fee was not provided within 14 days, the application may be dismissed. 

1. As the required information was not received, on 8 April 2022 the Commission attempted to contact Mr Navarrete’s representative Ms Navarrete on her nominated telephone number. A voicemail message was left requesting an email address or physical address for the Respondent and for the filing fee to be paid.

1. To date, no response has been received and Mr Navarrete has not provided the necessary details as requested.

1. Section 395 of the FW Act, which deals with application fees, provides as follows:

395 Application fees

(1) An application to the FWC under this Division must be accompanied by any fee prescribed by the regulations.

(2) The regulations may prescribe:

(a) a fee for making an application to the FWC under this Division; and

(b) a method for indexing the fee; and

(c) the circumstances in which all or part of the fee may be waived or refunded.

1. 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.

1. 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

[1] PR740578.

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