Antonio Falvo v Holdfast Components Pty Ltd T/A Holdfast Components

[2016] FWC 2582

[2016] FWC 2582

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Antonio Falvo
v
Holdfast Components Pty Ltd T/A Holdfast Components
(U2016/4470)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 22 APRIL 2016

Application for relief from unfair dismissal.

[1] On 10 February 2016, Mr Antonio Falvo made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] On 16 February 2016, Mr Falvo was advised by telephone correspondence that the payment details provided had been declined and his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application. Mr Falvo advised he will contact the Commission with the correct credit card details. On the same date, the Commission followed the telephone call with an email correspondence.

[4] On 1 March 2016, the Commission made an attempt to contact Mr Falvo without success. On the same date Mr Falvo contacted the Commission to advise he was experiencing financial difficulties and he will complete the waiver fee form.

[5] On 18 March 2016, Mr Falvo was asked by telephone to provide the waiver fee form. Mr Falvo claimed he sent the waiver fee form and would send a further copy of the waiver fee form. Mr Falvo advised he may contact the Commission to make a payment for the filing fee.

[6] To date the Commission has not received payment or a completed form from Mr Falvo.

[7] Section 395 of the Act, which deals with application fees, provides:

“(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.”

[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] 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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