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

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.

Printed by authority of the Commonwealth Government Printer

In the Federal Circuit Court, Geoffrey Crane brought an application against Pitney Bowes Australia, seeking to address alleged contraventions related to his dismissal. The primary dispute centred around the fairness and procedural correctness of the termination of Crane's employment, with Crane contending that his dismissal was unjust and in breach of employment law principles. The court was tasked with examining the procedural fairness afforded to Crane during the disciplinary process and whether his dismissal was justified under the circumstances.

The central legal issues before the court involved the interpretation of employment contracts and the application of relevant legislative provisions governing dismissals. The court needed to determine whether Pitney Bowes Australia had adhered to proper procedures in issuing a final warning and subsequent dismissal, and whether these actions were warranted by the allegations against Crane. Furthermore, the court had to consider the fairness of the process and the adequacy of the evidence presented during the disciplinary proceedings.

The court examined the evidence presented and the procedural steps taken by Pitney Bowes Australia during the disciplinary process. It was found that the company did not adequately inform Crane of the allegations against him, failed to provide an opportunity for him to respond adequately, and did not ensure that the decision-makers were impartial. Consequently, the court held that the dismissal was unfair due to these procedural deficiencies. The court also found that the evidence provided was insufficient to substantiate the allegations against Crane, further supporting the conclusion that the dismissal was unjust. As a result, the application was successful, and the court ordered that Crane's dismissal be declared unfair and void.

Geoffrey Crane v Pitney Bowes Australia

DECISION

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