Geoffrey Crane v Pitney Bowes Australia

[2016] FWC 1207

[2016] FWC 1207

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365—General protections

Geoffrey Crane
v
Pitney Bowes Australia
(C2015/7479)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 24 FEBRUARY 2016

Application to deal with contraventions involving dismissal.

[1] On 1 December 2015, Mr Geoffrey Crane filed an application pursuant to s.365 of the Fair Work Act 2009 (the Act) alleging a contravention of the general protections provisions of the legislation involving a dismissal. Mr Crane’s application was incomplete in that no payment of the lodgement fees, or completed application for waiver of the lodgement fee, was completed.

[2] On 2 December 2015, the Fair Work Commission (the Commission) contacted Mr Crane via telephone to advise that his waiver application was incomplete. Mr Crane did not answer the call; subsequently a voice message was left. A letter was also sent asking Mr Crane to provide the Commission of the completed waiver form or lodgement fee within 14 days or the application may be dismissed.

[3] The Commission subsequently attempted to contact Mr Crane on a number of occasions, i.e. 18 December 2015 and 13, 18, 20, 22 and 24 January 2016 by telephone, letter and email regarding his application and incomplete waiver form. On each occasion it was foreshadowed that Mr Crane’s application may be dismissed unless the completed waiver form or paid the lodgement fee. Despite these repeated attempts to contact Mr Crane, the Commission has received no response from Mr Crane.

[4] Section 587 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.

Note: For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3 2, see section 399A.

(2) Despite paragraphs (1)(b) and (c), the FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or

(b) has no reasonable prospects of success.

(3) The FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.”

[5] In relation to an application made pursuant to s.365 of the Act, s.367 provides:

“367 Application fees

(1) The application 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 section 365; 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.”

[6] Mr Crane has failed to comply with s.367(1) of the Act. Accordingly, his application has not been made in accordance with the Act and is therefore dismissed pursuant to ss.587(1)(a) of the Act. An order to that effect [PR577376] will be issued with this decision.

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<Price code A, PR577375>