Brenton O'Brien v CPB Contractors T/A CPB

[2021] FWC 390

[2021] FWC 390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Brenton O’Brien
v
CPB Contractors T/A CPB
(U2020/16225)

COMMISSIONER BISSETT MELBOURNE, 28 JANUARY 2021

Application for relief from unfair dismissal – incomplete application – dismissal under s.587 at the Commission’s initiative.

[1] On 20 December 2020 Mr Brenton O'Brien made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[2] The application form filed by Mr O'Brien was incomplete in that he did not provide the commencement date of employment.

[3] On 21 December 2020 the Commission emailed correspondence to Mr O'Brien’s nominated email address requesting that he provide further details as the application was incomplete as he did not provide the commencement date of his employment. That correspondence also advised that if the commencement date of employment was not provided within 14 days the application may be dismissed.

[4] As the required information was not received, on 13 January 2021 the Commission attempted to contact Mr O'Brien on his nominated telephone number. A voicemail message was left requesting Mr O’Brien contact the Commission regarding his incomplete application.

[5] Later that day, the Commission emailed correspondence to Mr O’Brien’s nominated email address requesting he contact the Commission urgently regarding his incomplete application.

[6] On 15 January 2021 the Commission again attempted unsuccessfully to contact Mr O’Brien his nominated telephone number.

[7] On 18 January 2021 the Commission again attempted to contact Mr O’Brien on his nominated telephone number. The Commission was unable to reach Mr O’Brien and the call was disconnected.

[8] To date, no response has been received and Mr O'Brien has not provided the necessary details as requested.

[9] Section 587(1) of the FW 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 prospect of success.

[10] In these circumstances, I have determined that the application was not made in accordance with the FW Act.

[11] As such, the application is dismissed under s.587(1)(a) of the FW Act. An order 1 to this effect will be issued with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR726447>

 1   PR726448.