Alexander Rowe v Tanners Electrical

[2015] FWC 2645

[2015] FWC 2645

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Alexander Rowe
v
Tanners Electrical
(U2015/3540)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 17 APRIL 2015

Application for relief from unfair dismissal.

[1] On 2 March 2015, Mr Alexander Rowe made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009.

[2] The application form filed by Mr Rowe in the Fair Work Commission did not include the required fee or a completed fee waiver application.

[3] On 2 March 2015, Mr Rowe was advised by letter that his application required payment of the filing fee or a completed waiver application. A waiver application was sent with this correspondence. The correspondence required Mr Rowe to advise the Commission within 14 days whether he wished to proceed with his application.

[4] On 16 March 2015, a telephone call was made to Mr Rowe and he advised that he had received the waiver application that was sent on 2 March 2015 and further advised that he will send his completed waiver application to the Commission shortly.

[5] On 23 March 2015, a further letter was sent to Mr Rowe which advised that he had not paid the required fee or provided a completed waiver application. The letter also advised that if no response was received within 14 days the application may be dismissed.

[6] On 10 April 2015 and 14 April 2015, telephone calls were made to Mr Rowe and voice messages were left on his mobile telephone requesting that he call the Commission or reply to the correspondence that was sent.

[7] Mr Rowe did not contact the Commission or provide the necessary details as requested.

[8] 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.

[9] In these circumstances, I have determined that the application was not made in accordance with the Act.

[10] Consequently, the application is dismissed under s.587(1)(a) of the Act.

DEPUTY PRESIDENT

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