Application by Mr Josiah Dobson

[2024] FWC 2759

[2024] FWC 2759

FAIR WORK COMMISSION

DECISION AND ORDER

Fair Work Act 2009

s.365—General protections

Application by Mr Josiah Dobson

(C2024/5880)

DEPUTY PRESIDENT EASTON SYDNEY, 3 OCTOBER 2024

Application to deal with contraventions involving dismissal – application dismissed.

1. On 21 August 2024 Mr Josiah Dobson made an unfair dismissal application to the Fair Work Commission under s.365 of the Fair Work Act 2009 (Cth).

1. For the reasons that follow I am satisfied that Mr Dobson’s application has not been made in accordance with the Act and that it is appropriate to dismiss the application.

1. Section 367 of the Act is in the following terms:

“367      Application fees

(1)    The application 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 section 365; 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. Mr Dobson’s application was incomplete because he did not pay the required fee or file a completed request to waive the fee.

1. Commission staff contacted Mr Dobson on the following dates:

   ·   28 August 2024 by telephone;

   ·   4 September 2024 by email; and

   ·   17 September 2024 by telephone.

1. On 17 September 2024 Mr Dobson was advised that he must pay the filing fee or apply for a waiver if he wished to proceed with the application. Mr Dobson was also warned that the application could be dismissed if the filing fee was not paid within two days.

1. To date there has been no response from Mr Dobson, no fee paid and no completed waiver request received.

1. Section 587 of the Act includes the following provisions:

“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.

…

(3) The FWC may dismiss an application:

(a)   on its own initiative; or

(b) on application.”

1. Mr Dobson’s application was not made in accordance with the Act (per s.587(1)(a)) because the prescribed fee (per s.367) has not been paid or waived. Section 587 confers a discretion on the Commission to dismiss Mr Dobson’s application.

1. Mr Dobson has been given ample opportunity to rectify the deficiency in the application (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]-[16] and the cases cited therein). The Commission’s inquiries and warnings have largely been ignored.

1. In the circumstances I am satisfied that Mr Dobson’s the application should be dismissed

1. I order that Mr Dobson’s application be dismissed.

DEPUTY PRESIDENT
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