Alex Bertucci v Klimate Solutions Pty Ltd

[2016] FWC 3972

[2016] FWC 3972

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Alex Bertucci
v
Klimate Solutions Pty Ltd
(U2016/5954)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 20 JUNE 2016

Application for relief from unfair dismissal.

[1] On 6 April 2016, Mr Alex Bertucci made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Mr Bertucci did not pay the required fee.

[3] On 7 April 2016, the Commission attempted to telephone Mr Bertucci but his mobile phone was disconnected and the home number rang out.

[4] On the same date, the Commission forwarded correspondence to Mr Bertucci advising that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

[5] Section 395, which deals with application fees, provides:

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.

[6] On 3 June 2016, the Commission attempted to telephone Mr Bertucci but no message could be left for him to contact the Commission.

[7] On the same date, the Commission forwarded correspondence to Mr Bertucci regarding the filing fee. That correspondence advised Mr Bertucci if no response was received from him within 14 days, his application may be dismissed.

[8] No response was received from Mr Bertucci and payment of the required fee has not been made.

[9] Section 587(1) 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.

[10] Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the Act, the application was not made in accordance with the Act. As such, the application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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