Billy-Roy Trathen v Rise the Bakehouse T/A Tiglimpse Pty Ltd

[2017] FWC 390

[2017] FWC 390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Billy-Roy Trathen
v
Rise The Bakehouse T/A Tiglimpse Pty Ltd
(U2016/14992)

COMMISSIONER BISSETT MELBOURNE, 19 JANUARY 2017

Application for an unfair dismissal remedy.

[1] On 16 December 2016, Mr Billy-Roy Trathen made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] The application form filed by Mr Trathen in the Fair Work Commission (the Commission) was incomplete as he did not pay the filing fee.

[3] On 16 December 2016, the Commission attempted to contact Mr Trathen on the telephone number provided in his application, but was unsuccessful. On the same date, an email was sent to Mr Trathen advising that his application was incomplete and required payment of the filing fee or a completed waiver form and that in the absence of a completed application being received within 14 days, his application may be dismissed.

[4] On 3 January 2017, the Commission attempted to contact Mr Trathen by telephone in relation to the correspondence dated 16 December 2016. There was no answer and a voicemail message was left. A further email was sent to Mr Trathen advising that if he did not advise the Commission that he intended to proceed with his application within 14 days, it may be dismissed.

[5] To date, Mr Trathen has not contacted the Commission or provided the necessary details as requested.

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

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] Having regard to the above, Mr Trathen has failed to pay the required fee or complete an application for fee waiver.

[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.

COMMISSIONER

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