Bo-Jay Hind v Orora Fibre Packaging

[2019] FWC 6165

[2019] FWC 6165

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Bo-Jay Hind
v
Orora Fibre Packaging
(U2019/8816)

COMMISSIONER BISSETT MELBOURNE, 4 SEPTEMBER 2019

Application for an unfair dismissal remedy.

[1] On 8 August 2019, Mr Bo-Jay Hind made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Mr Hind submitted a waiver application form that was not in a format that is an acceptable form of lodgement by the Fair Work Commission (the Commission).

[3] On 9 August 2019, the Commission attempted to telephone Mr Hind which was unsuccessful and a voice message was left asking him to contact the Commission. Written correspondence was also sent at this time advising that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application advising if no response was received within 14 days his application may be closed.

[4] Section 395, 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.

[5] On 21, 28 and 30 August 2019, the Commission attempted to contact Mr Hind in relation to the correspondence dated 9 August 2019. These attempts were unsuccessful and a voice message was left on each occasion.

[6] No response was received from Mr Hind and payment of the required fee has not been made.

[7] 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.

[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 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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