Domenico Marrama v Yooralla

[2020] FWC 4231

[2020] FWC 4231

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Domenico Marrama
v
Yooralla
(U2020/10103)

COMMISSIONER BISSETT MELBOURNE, 11 AUGUST 2020

Application for an unfair dismissal remedy.

[1] On 24 July 2020 Mr Domenico Marrama 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).

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

[3] On 24 July 2020 the Commission attempted to contact Mr Marrama on his nominated telephone number to advise that the waiver form submitted was blank, however, Mr Marrama did not answer the call. A voicemail message was unable to be left.

[4] Later that day, the Commission emailed correspondence to Mr Marrama’s nominated email address advising that his application required payment of the filing fee or a completed waiver form if he wished to proceed with the application. That correspondence also warned that if payment is not made or a waiver form is not received within 14 days, the application may be dismissed.

[5] Further attempts to contact Mr Marrama were made by the Commission on 4 August 2020 and 6 August 2020 to obtain payment or a completed waiver form. Both calls were not answered and voicemail messages were unable to be left.

[6] To date there has been no response from Mr Marrama, 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 prospects 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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