Christopher Tibbett v Electus Distribution Pty Ltd

[2019] FWC 1372

[2019] FWC 1372

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Christopher Tibbett
v
Electus Distribution Pty Ltd
(U2019/868)

DEPUTY PRESIDENT CLANCY MELBOURNE, 4 MARCH 2019

Application for an unfair dismissal remedy.

[1] On 29 January 2019, Mr Christopher Tibbett made an application to the Fair Work Commission (the Commission) for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Mr Tibbett indicated that he would be paying the application fee via credit card. The application form indicated the Commission would contact the payer by telephone within three business days from the date of lodgement so that payment may be taken.

[3] On 30 January 2019, the Commission attempted to telephone Mr Tibbett in relation to payment of the required fee. A voicemail message was left seeking his return call. Email correspondence was then sent to Mr Tibbett’s nominated email address advising that if he did not pay the application fee or make an application to have the fee waived within 14 days, his application may be dismissed.

[4] On 15 February and 1 March 2019, the Commission made further phone calls to Mr Tibbett and left voicemail messages on each occasion seeking his return call. It was noted in the second voicemail that if Mr Tibbett did not make contact with the Commission, his application may be dismissed.

[5] To date, Mr Tibbett has not responded to the Commission’s correspondence.

[6] Section 395 of the Act, 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.”

[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, Mr Tibbett’s application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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