Danny Vlahiotis v Baravi Enterprises T/A Metro Joinery

[2020] FWC 1001

[2020] FWC 1001

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Danny Vlahiotis
v
Baravi Enterprises T/A Metro Joinery
(U2020/680)

COMMISSIONER BISSETT MELBOURNE, 25 FEBRUARY 2020

Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative.

[1] On 21 January 2020, Mr Danny Vlahiotis made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009.

[2] Mr Vlahiotis did not pay the required fee.

[3] On 21 January 2020 the Commission telephoned Mr Vlahiotis on his nominated telephone number and advised him that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application. Later that day the Commission sent correspondence to Mr Vlahiotis’ nominated email address advising him that his application required payment of the filing fee or a completed fee waiver form if he wished to proceed with his application. The Applicant did not respond to this correspondence.

[4] On 14 February 2020 the Commission made a further attempt to telephone Mr Vlahiotis to discuss payment however Mr Vlahiotis did not answer the call and there was no provision to leave a voicemail message.

[5] To date Mr Vlahiotis not paid the required fee or completed a fee waiver form.

[6] Section 395 of the Act, which deals with application fees, states 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.

[7] Section 587(1) 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.

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

COMMISSIONER

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