Hugh Maguire v Benalla Aquatic Centre /YMCA

[2019] FWC 2174

[2019] FWC 2174

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Hugh Maguire
v
Benalla Aquatic Centre /YMCA
(U2019/1866)

DEPUTY PRESIDENT CLANCY MELBOURNE, 2 APRIL 2019

Application for an unfair dismissal remedy.

[1] On 21 February 2019, Mr Hugh Maguire made an application by telephone to the Fair Work Commission (the Commission) for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] On 22 February 2019, the Commission sent correspondence to Mr Maguire’s nominated email address confirming that he had made an application with the Commission, via telephone, on 21 February 2019. The correspondence advised that the application was required to be signed and returned to the Commission, as well as be accompanied by a completed Form F80 – Waiver of application fee or payment of the application fee. The correspondence also noted that if the application fee was not paid or an application to have the fee waived was not made within 14 days, Mr Maguire’s application may be dismissed.

[3] As no contact was received from Mr Maguire, the Commission attempted to contact him on 14 March 2019 by calling the mobile phone number nominated on his application. The Commission’s records indicate that the call rang out and there was no option to leave a voicemail message.

[4] On 27 March 2019, a further attempt to telephone Mr Maguire was made by the Commission to his nominated mobile phone number. The Commission’s records indicate that upon attempting the call, a recorded message advised that the call could not be connected at this time. Again, there was no option to leave a voicemail message.

[5] To date, since the making of his application over the telephone on 21 February 2019, no response from Mr Maguire has been received and the requested documents have not been filed.

[6] Section 395 of the Act, which deals with application fees, provides:

“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.”

[7] Section 587(1) 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.”

[8] Having regard to the above, I am satisfied the application was not made in accordance with the Act as Mr Maguire has failed to file a completed application and has not paid the required fee. As such, Mr Maguire’s application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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