Cameron Brooker v Western Precast Pty Ltd

[2023] FWC 236

[2023] FWC 236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Cameron Brooker
v

Western Precast Pty Ltd

(U2023/195)

COMMISSIONER BISSETT MELBOURNE, 27 JANUARY 2023

Application for an unfair dismissal remedy

1. On 6 January 2023 Mr Cameron Brooker 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). Mr Cameron indicated in his application that he had completed and attached a fee waiver form.

1. Mr Brooker’s waiver form, however, could not be accessed.

1. On 9 January 2023 the Commission sent correspondence to Mr Brooker’s nominated email address advising that his application was incomplete because his waiver form had not been received.

1. On 10 January 2023 the Commission attempted to contact Mr Brooker on his nominated telephone number to discuss the waiver form. The call was not answered. A voicemail message was left advising Mr Brooker that the Commission were unable to access his waiver form due the format of the file received.

1. A final attempt to contact Mr Brooker was made by the Commission on 20 January 2023 to obtain a completed waiver form. The call was not answered and a voicemail message was left advising Mr Brooker that payment of the required fee was still outstanding and that a waiver form had not been received. Mr Brooker was advised that his matter was at risk of being dismissed if payment or a waiver form was not received.

1. To date Mr Brooker has not paid the required fee or completed a waiver form.

1. Section 395 of the FW 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(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.

1. I am satisfied that, as the application was not accompanied by the fee prescribed by the FW Act, the application was not made in accordance with the FW Act. As such, the application is dismissed pursuant to s.587(1)(a) of the FW Act.

COMMISSIONER

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