Carlos Bullon v Burricus

[2019] FWC 5783

[2019] FWC 5783

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Carlos Bullon
v
Burricus
(U2019/8253)

COMMISSIONER BISSETT MELBOURNE, 20 AUGUST 2019

Application for an unfair dismissal remedy.

[1] On 26 July 2019, Mr Carlos Bullon made an application to the Fair Work Commission (Commission) for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009.

[2] The application form filed by Mr Bullon in the Commission was incomplete in that the application form was not signed and the filling fee was not paid.

[3] The Commission attempted to telephone Mr Bullon on 26 July 2019 however he was unable to be reached. A voicemail message was left requesting that he provide a signed copy of his application together with payment of the filing fee. The request was followed up with an email later that day.

[4] On 29 July 2019, Mr Bullon emailed to the Commission another unsigned copy of his application. Later that day the Commission left a voicemail message for Mr Bullon advising him that the application received on 29 July 2019 remained unsigned and requesting a call back. No response was received from Mr Bullon.

[5] Further attempts to contact Mr Bullon regarding his unsigned and unpaid application and were made on 9 August 2019 and 19 August 2019. Voicemail messages were left on both occasions.

[6] Mr Bullon did not contact the Commission or provide the necessary details as requested.

[7] Section 587(1) of the Fair Work Act 2009 (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 prospects of success.

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

[9] Consequently, the application is dismissed under s.587(1)(a) of the FW Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR711508>