Hayleigh Thompson

[2021] FWC 6292

[2021] FWC 6292

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Hayleigh Thompson
(U2021/8961)

COMMISSIONER BISSETT MELBOURNE, 10 NOVEMBER 2021

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

[1] On 7 October 2021, Ms Hayleigh Thompson (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).

[2] The application form filed by the Applicant was incomplete in that she failed to provide details for the Respondent, did not provide the commencement date of employment and has not paid the required fee or completed a fee waiver form.

[3] On the 13 October 2021 the Commission attempted to contact the Applicant on her nominated telephone number to discuss her application. The Applicant did not answer the call. A voicemail message was left requesting the Applicant return the Commission’s call to provide the requested information and to make payment.

[4] Later that day, the Commission emailed correspondence to the Applicant’s nominated email address advising that she provide details as the application was incomplete. That correspondence also advised that if the employment commencement date, Respondent details and application fee or a completed waiver form was not provided within 14 days, the application may be dismissed.

[5] As the required information was not received, on 26 October 2021 the Commission made a final attempt to contact the Applicant on her nominated telephone number. The Applicant did not answer the call and a voicemail message was left notifying the Applicant that the application was incomplete and requesting she contact the Commission as soon as possible as the application was at risk of being dismissed.

[6] To date, the Applicant has not provided the necessary details as requested. Furthermore, 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, states that:

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] Having regard to the above, Mr Edmiston has failed to file a completed application and has not paid the required fee.

[9] 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 prospects of success.

[10] Having regard to the circumstances of this matter, I am satisfied that the Applicant has failed to file a completed application and has not paid the required fee as prescribed by the FW Act and is therefore, not made in accordance with the FW Act. For this reason, the application is dismissed under s.587(1)(a) of the FW Act. An order 1 to this effect will be issued shortly.

COMMISSIONER

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