Angela Stassinopoulos v Woolworths Group Limited

[2023] FWC 1591

[2023] FWC 1591

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Angela Stassinopoulos
v

Woolworths Group Limited

(U2023/3705)

COMMISSIONER BISSETT MELBOURNE, 5 JULY 2023

Application for an unfair dismissal remedy

1. On 1 May 2023 Ms Angela Stassinopoulos 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 was incomplete in that Ms Stassinopoulos did not pay the required fee or file a completed waiver form.

1. On 3 May 2023, the Commission emailed correspondence to Ms Stassinopoulos’ nominated email address advising that her application required payment of the filing fee or a completed waiver form if she wished to proceed with the application. That correspondence also warned that if payment is not made or a waiver form is not received within 7 calendar days the application may be dismissed.

1. On 11 May 2023, the Commission emailed correspondence to Ms Stassinopoulos’ nominated email address reminding that her application required payment of the filing fee or a completed waiver form if she wished to proceed with the application. That correspondence also warned that if payment is not made or a waiver form is not received, the application may be dismissed.

1. On 16 May 2023, the Commission contacted Ms Stassinopoulos on her nominated telephone number to obtain payment or a completed waiver form. Ms Stassinopoulos advised that she had already paid and received a receipt of payment. However, the Commission was unable to locate this receipt of payment. The Commission obtained Ms Stassinopoulos’ credit card details to investigate the payment internally. However, upon investigation, a payment could not be located.

1. On 13 June 2023, the Commission attempted to contact Ms Stassinopoulos on her nominated telephone number. However, the call was not answered. A voicemail message was left advising Ms Stassinopoulos that following an internal investigation, no receipt of payment could be located. Ms Stassinopoulos was requested to contact the Commission to make payment or complete a waiver application and provide instructions on how to proceed with the matter by close of business 16 June 2023. The voice message also noted that if no instructions are received from her, the matter will be referred to a Member of the Commission, who may dismiss the matter which may result in a Decision being published on the Commission’s website.

1. A final attempt to contact Ms Stassinopoulos’ Representative on their nominated telephone number was made by the Commission on 22 June 2023 to obtain payment or a completed waiver form. However, the call was not answered. A voicemail message was left advising that Ms Stassinopoulos’ matter was still pending payment or a completed waiver application. The Representative was requested to contact the Commission and provide instructions on whether to proceed or discontinue the matter by close of business 26 June 2023. The Commission also warned that if payment is not made or a waiver form is not received, the application may be dismissed.

1. To date there has been no response from Ms Stassinopoulos nor her Representative, the required fee has not been paid and a completed waiver form has not been received.

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. 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.

COMMISSIONER
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