Anthony Charles Zumbo v 10 Bowling Centre's Australia Pty Ltd T/A AMF Australia

[2017] FWC 1719

[2017] FWC 1719

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Anthony Charles Zumbo
v
10 Bowling Centre’s Australia Pty Ltd T/A AMF Australia
(U2017/950)

DEPUTY PRESIDENT CLANCY MELBOURNE, 27 MARCH 2017

Application for an unfair dismissal remedy.

[1] On 31 January 2017, Mr Anthony Charles Zumbo made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] The application form filed by Mr Zumbo in the Fair Work Commission did not provide answers to all questions and in some respects, responses were not clear.

[3] On 2 February 2017, the Commission wrote to Mr Zumbo to advise the unfair dismissal application was incomplete, particularly questions 1.1, 2.1, 3.1 and 3.2. Mr Zumbo was advised in the absence of any advice from him within 14 days, his application may be dismissed.

[4] On 17 February and 28 February 2017, attempts were made to telephone Mr Zumbo, however, each time it appeared the telephone was switched off. After the latter phone call, a further email was sent to Mr Zumbo which noted the application remains incomplete and in the event a completed application is not returned, the matter may be dismissed.

[5] To date, Mr Zumbo has not filed a completed application in the Commission.

[6] 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.

[7] Having regard to the circumstances of this matter, I am satisfied 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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