Beau Reid v Tradeseal Pty Ltd

[2021] FWC 5102

[2021] FWC 5102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Beau Reid
v
Tradeseal Pty Ltd
(U2021/5840)

VICE PRESIDENT CATANZARITI SYDNEY, 18 AUGUST 2021

Application for an unfair dismissal remedy.

[1] On 5 July 2021, Beau Reid made an application with the Fair Work Commission (the Commission) for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act). The application was lodged 23 days outside the 21 day period prescribed by s.394(2) of the Act.

[2] Mr Reid says he was employed by Tradeseal Pty Ltd from 25 September 2016 until he was dismissed on 22 May 2021.

[3] My chambers sent correspondence to Mr Reid on 3 August 2021 requiring him to provide a statement in support of an extension of time being granted for the late lodgement of his application. He was asked to provide the information by no later than 5:00pm on 6 August 2021. A response was not received from Mr Reid.

[4] On 9 August 2021, further correspondence was sent to Mr Reid directing him to provide a response by 4:00pm on 11 August 2021. He was advised that in the absence of a reply his application may be dismissed.

[5] To date, Mr Reid has not responded to any of the Commission’s correspondence.

[6] Section 587 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.

(2) Despite paragraphs (1)(b) and (c), FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or

(b) has no reasonable prospects of success.

(3) FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.

[7] The words, “Without limiting when FWC may dismiss an application” at the commencement of s.587(1) of the Act, establish that the jurisdiction of the Commission to dismiss an application is not limited to the circumstances set out in s.587(1)(a), (b) and (c).

[8] In the circumstances I have decided to dismiss the application for want of prosecution pursuant to s.587(3)(a) of the Act.

[9] An order to that effect will issue with this decision.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR732931>