Bianca Shaina Baltazar v Whole Family Health Pty Ltd

[2022] FWC 1294

[2022] FWC 1294

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.773—Termination of employment

Bianca Shaina Baltazar
v

Whole Family Health Pty Ltd

(C2022/1729)

VICE PRESIDENT CATANZARITI SYDNEY, 25 MAY 2022

Application to deal with an unlawful termination dispute

1. Bianca Shaina Baltazar was employed by Whole Family Health Pty Ltd until they were dismissed on the 1^st of March 2022.

1. On the 15^th of March 2022, the applicant made an application to deal with an Unlawful Termination Dispute under s.773 of the Fair Work Act 2009.

1. The respondent had raised an objection to this application, on the basis that they were a national system employer.
   
   

2. On the 11^th of May 2022, correspondence was sent to the applicant in relation to this issue and were required to respond by 5:00pm the 18^th of May 2022. No response was received.
   
   

3. On the 19^th of May 2022, further correspondence was sent to the applicant directing them to provide a response by 5:00pm on the 23^rd of May 2022. They were advised that in the absence of a reply their application may be dismissed.

1. To date, Bianca Shaina Baltazar has not responded to the jurisdictional objections raised by the respondent or any further correspondence sent by my Chambers in writing.

1. 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.

1. 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).

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

1. An order to that effect will issue with this decision.

VICE PRESIDENT

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