Gaye Pomfret v Sanreef Pty Ltd

[2023] FWC 2205

[2023] FWC 2205

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Gaye Pomfret
v

Sanreef Pty Ltd

(U2023/6804)

COMMISSIONER BISSETT MELBOURNE, 1 SEPTEMBER 2023

Application for relief from unfair dismissal – incomplete application – dismissal under s.587 at the Commission’s initiative.

1. On 25 July 2023 Gaye Pomfret (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).

1. The application was incomplete in that the Applicant did not pay the required fee and attached an incomplete waiver form. The Applicant also did not provide a functioning contact number for the respondent.

1. On 27 July 2023 the Commission attempted to contact the Applicant on her nominated telephone number to request the missing details. She did not answer the call. A voicemail message was left requesting a completed waiver form and a telephone number for the Respondent.

1. Later that day, the Commission sent correspondence to the Applicant’s nominated email address asking that she provide further details as the waiver form was blank and the telephone number provided for the respondent was disconnected. That correspondence also advised that if a completed waiver form was not provided within 14 days, the application may be dismissed. 

1. As the required information was not received, the Commission attempted to contact the Applicant on her nominated telephone number on 8 August 2023. A voicemail message was left requesting a completed waiver form and contact details for the respondent.

1. To date, no response has been received.

1. 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.

1. Section 587(1) of the FW 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 prospect of success.

1. In the circumstances where the filing fee has not been paid and a completed waiver form has not been received, I have determined that the application was not made in accordance with the FW Act. As such, the application is dismissed under s.587(1)(a) of the FW Act.

COMMISSIONER

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