Blake Cook v Bidfood Australia

[2024] FWC 1832

[2024] FWC 1832

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Blake Cook
v

Bidfood Australia

(U2024/6713)

DEPUTY PRESIDENT EASTON SYDNEY, 18 JULY 2024

Application for an unfair dismissal remedy

1. On 12 June 2024, Mr Blake Cook made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (the Act).

1. The application form filed by Mr Cook was incomplete insofar as Mr Cook did not pay the required application fee or apply for a waiver of the fee. The waiver form attached to the application was completely blank.

1. On 16 June 2024 Commission staff emailed Mr Cook advising that the provided fee waiver was blank and requesting he send a completed fee waiver to the Commission as soon as possible. That email also advised that if the completed fee waiver was not provided within 14 days, the application may be dismissed.

1. On 18 June 2024 Commission staff attempted to call Mr Cook to request the missing details. He did not answer the call. A voicemail message was left asking that the completed waiver be sent back to the Commission as soon as possible.

1. On 9 July 2024 Commission staff attempted to call Mr Cook. A voicemail message was left requesting the completed fee waiver be sent or the Applicant contact the Commission to pay the fee. The voicemail also stated that the matter was at risk of being dismissed.

1. To date, no response has been received and Mr Cook has not provided the necessary details as requested.

1. Section 395 of the Act, which deals with application fees, provides as follows:

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.

1. Section 587 of the 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.

Note: For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3‑2, see section 399A.

…

(3) The FWC may dismiss an application:

(a) on its own initiative; or
(b) on application.

1. Mr Cook’s application was not made in accordance with the Act (per s.587(1)(a)) because the prescribed fee (per s.395) has not been paid or waived. Section 587 confers a discretion on the Commission to dismiss Mr Cook’s application.

1. I am satisfied that Mr Cook’s application should be dismissed. Mr Cook has been given ample opportunity to rectify the deficiency in the application. The Commission’s inquiries, requests and warnings have largely been ignored.

1. I have separately made an order dismissing Mr Cook’s application (PR776944).

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR776943>