Anderson Dauber v Newzone Holdings Pty Ltd

[2022] FWC 334

[2022] FWC 334

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Anderson Dauber
v

Newzone Holdings Pty Ltd

(U2022/350)

deputy president mansini MELBOURNE, 17 FEBRUARY 2022

Application for an unfair dismissal remedy – incomplete application – unpaid application – dismissal under s.587 at the Commission’s initiative.

1. On 5 January 2022 Mr Anderson Dauber 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 Dauber was incomplete in that the document was undated and unsigned (either electronically or by hand). The date which Mr Dauber said his dismissal took effect was also not clear.

1. On 7 January 2022 the Commission contacted Mr Dauber on his nominated telephone number to request the missing details. The Commission informed Mr Dauber that the signature and payment for the filing fee were still outstanding. Mr Dauber was given instructions for making payment or applying for a waiver of the filing fee. Mr Dauber indicated he would forward a waiver application form and a signed copy of the F2 form at the same time.

1. Later that day, the Commission emailed correspondence to Mr Dauber’s nominated email requesting that he provide further details as the application was incomplete and that a signed copy of the application form and arrangements for payment or waiver of the filing fee were required. That correspondence also advised that if the completed form and payment or waiver application form were not provided within 14 days, the application may be dismissed.

1. As the required information was not received, on 19 January 2022, the Commission attempted to contact Mr Dauber on his nominated telephone number. A voicemail message was left requesting that he provide payment and a complete application.

1. To date, no response has been received and Mr Dauber 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. Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the FW Act, the application was not made in accordance with the FW Act. As such, the application is dismissed pursuant to s.587(1)(a) of the FW Act. An order[1] to this effect will be issued with this decision.

DEPUTY PRESIDENT

[1] PR738451.

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<PR738450>