Isaac Fallon v Integrated Trolley Management

[2025] FWC 1143

[2025] FWC 1143

FAIR WORK COMMISSION

DECISION AND ORDER

Fair Work Act 2009

s 394—Unfair dismissal

Isaac Fallon
v

Integrated Trolley Management

(U2025/1052)

DEPUTY PRESIDENT BEAUMONT PERTH, 24 APRIL 2025

Application for an unfair dismissal remedy – application fee not paid or waived – application not made in accordance with the Act – application dismissed.

1. On 31 January 2025, Mr Isaac Fallon (the Applicant) began an unfair dismissal application to the Fair Work Commission under s 394 of the Fair Work Act 2009 (Cth) (the Act) by telephone.

1. The Applicant was emailed, on 31 January 2025, with a copy of the Form F2 application to review, complete and sign.  The Commission’s email also noted that the Applicant has indicated he wished to apply for a waiver of the application fee, and a link to a Form F80 was provided.

1. Commission staff contacted the Applicant concerning the incomplete application on the following dates:

·   31 January 2025 by email and SMS;

·   12 February 2025 by telephone;

·   27 February by telephone;

·   25 March 2025 by email and SMS; and

·   11 April 2025 by email and SMS.

1. The Applicant’s application was not made in accordance with the Act (per s 587(1)(a)) because the prescribed fee (per s 373) had not been paid or waived and the Form F2 application was incomplete. Section 587(1)(a) allows the Commission to dismiss an application without conducting a hearing, so long as the applicant has been afforded procedural fairness.

1. The Applicant has been on notice since 31 January 2025 of the likely consequences for his application if he did not provide a completed Form F2 application and pay the application fee or apply for a waiver of the fee.  Further, in emails from Deputy President Easton’s Chambers dated 25 March 2025 and 11 April 2025, the Applicant was directed to provide a completed Form F2 application and pay the application fee or apply for a waiver or make any submissions he wished to make as to why his application should not be dismissed by 4 April and 14 April 2025 respectively.

1. To date, there has been no response from the Applicant to the Commission’s directions.

1. The Applicant has thus had ample opportunity to rectify the deficiencies in the application and to show why his application should not be dismissed under s 587 of the Act (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]-[16] and the cases cited therein).

1. I have decided to dismiss the Applicant’s unfair dismissal application using the power available under s 587(1)(a) of the Act and make the following order:

A.The application under s 394 of the Fair Work Act 2009 (Cth) made by Mr Isaac Fallon on 31 January 2025 is dismissed.

DEPUTY PRESIDENT

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