Barry Beveridge v Qube Logistics (Vic) Pty Ltd

[2021] FWC 5039

[2021] FWC 5039

The attached document replaces the document previously issued with the above code on 17 August 2021.

The paragraph numbering has been amended.

Lisa Powell
Associate to Commissioner Bissett

Dated: 18 August 2021

[2021] FWC 5039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 — Unfair dismissal

Barry Beveridge
v
Qube Logistics (Vic) Pty Ltd
(U2021/6593)

COMMISSIONER BISSETT MELBOURNE, 17 AUGUST 2021

Application for an unfair dismissal remedy - failure to pay filing fee - dismissal under s.587 at the Commission’s initiative.

[1] On 27 July 2021, Mr Barry Beveridge 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).

[2] The application made by Mr Beveridge was incomplete in that it did not include payment of the required fee or a completed fee waiver form in accordance with s.395 of the FW Act.

[3] On 28 July 2021, the Commission attempted to contact Mr Beveridge on his nominated telephone number to discuss payment however Mr Beveridge did not answer the call. A voicemail message was left requesting he contact the Commission to discuss payment. Later that same day, the Commission sent email correspondence to Mr Beveridge’ nominated email address advising that his application required payment of the filing fee or a completed waiver form if he wished to proceed with the application. That correspondence also warned that if payment is not made or a waiver form is not received within 14 days, the application may be dismissed. Correspondence was also sent to Mr Beveridge’s representative to this effect.

[4] A final attempt to contact Mr Beveridge was made by the Commission on 11 August 2021 to obtain payment or a completed waiver form. The call was not answered, and a voicemail message was left advising Mr Beveridge that payment of the required fee was still outstanding and requesting a return call as soon as possible. Mr Beveridge did not return the Commission’s call. The Commission also attempted to call Mr Beveridge‘s representative however there was no answer. A message was left advising that payment of the required filing fee was still outstanding and requesting a return call. Mr Beveridge’s representative returned the Commission’s call soon after and advised that Mr Beveridge will pay the filing fee.

[5] To date there has been no response from Mr Beveridge, the required fee has not been paid and a completed waiver form has not been received.

[6] Section 395 of the FW Act, which deals with application fees, provides that:

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.

[7] 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 prospects of success.

[8] 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 shortly.

COMMISSIONER

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