Corey Anderson v Slattery & Acquroff Holdings Pty Ltd Atf Slattery & Acquroff Holdings Unit Trust

[2021] FWC 6300

[2021] FWC 6300

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Corey Anderson
v
Slattery & Acquroff Holdings Pty Ltd Atf Slattery & Acquroff Holdings Unit Trust
(U2021/8896)

COMMISSIONER BISSETT MELBOURNE, 9 NOVEMBER 2021

Application for an unfair dismissal remedy

[1] On 7 October 2021 Corey Anderson (the Applicant) 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). The Applicant alleged they were dismissed by Slattery & Acquroff Holdings Pty Ltd Atf Slattery & Acquroff Holdings Unit Trust (the Respondent) on 23 September 2021.

[2] The application was incomplete in that the Applicant did not pay the required fee or file a completed waiver form.

[3] On 11 October 2021 the Commission attempted to contact the Applicant on their nominated telephone number to discuss payment of the required fee however, they did not answer the call. A voicemail message was left advising that no payment or waiver form had been received and requesting that they call the Commission as the matter was unpaid.

[4] Later that day, the Commission emailed correspondence to the Applicant’s nominated email address advising that their application required payment of the filing fee or a completed waiver form if they wished to proceed with the application. That correspondence also warned that if payment was not made or a waiver form was not received within 14 days, the application may be dismissed. An SMS notification was also sent to their nominated telephone number, advising that there was a problem with their application and requesting they contact the Commission.

[5] Final attempts to contact the Applicant were made by the Commission on 25 October 2021 and 26 October 2021 to obtain payment or a completed waiver form. On both occasions the calls were not answered and there was no option to leave a voicemail.

[6] To date there has been no response from the applicant, the required fee has not been paid and a completed waiver form has not been received.

[7] 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.

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

[9] Having regard to the circumstances of this matter, 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. An order 1 to this effect will be issued shortly.

COMMISSIONER

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