Christine Russell v My World

[2024] FWC 1926

[2024] FWC 1926

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.739—Dispute resolution

Christine Russell
v

My World

(C2024/4405)

DEPUTY PRESIDENT EASTON SYDNEY, 24 JULY 2024

Incomplete application to deal with a dispute.

1. On 29 June 2024 Ms Christine Russell made an application to the Fair Work Commission to deal with a dispute under s.739 of the Fair Work Act 2009 (the Act).

1. The application form filed by Ms Russell was incomplete in that it did not provide the answers for questions 1.2, 1.3 and 1.4 nor was it signed or dated, and the last page was missing.

1. Commission staff telephoned Ms Russell on her nominated telephone number on 1 July 2024 and left a message stating that her application is incomplete and asking her to ring the Commission. This call was followed up with a letter and a SMS to Ms Russell.

1. On 3 July 2024 a call was made to Ms Russell and again a voicemail message was left asking her to ring the Commission.

1. No response was received so a final letter was sent on 3 July 2024.  Ms Russell was advised in that letter that her case is very likely to be dismissed. Another SMS was sent as a follow-up on the same date.

1. One final telephone call was made on 8 July 2024.  Once again a message was left to ring the Commission and once again Ms Russell did not respond.

1. The matter was referred to my chambers on 8 July 2024.  My chambers also rang Ms Russell twice, left a message and sent an email urging her to make contact.  All to no avail.

1. Significant resources have been deployed to assist Ms Russell.

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.

(2)       Despite paragraphs (1)(b) and (c), the FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a)       is frivolous or vexatious; or

(b)       has no reasonable prospects of success.

(3)       The FWC may dismiss an application:

(a)       on its own initiative; or

(b)       on application.”

1. Ms Russell’s application was not made in accordance with the Act (per s.587(1)(a)) because the application is incomplete. Section 587 confers a discretion on the Commission to dismiss Ms Russell’s application.

1. I am satisfied that Ms Russell has been given ample opportunity to rectify the deficiency in the application. The Commission’s inquiries, requests and warnings have been ignored. In these circumstances, I have decided to exercise my discretion to dismiss the application in accordance with s.587(1)(a) of the Act.

1. The application is dismissed.

DEPUTY PRESIDENT

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