Jaidyn Lee v Vip Lawns & Gardens Hervey Bay Pty Ltd

[2023] FWC 1574

[2023] FWC 1574

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Jaidyn Lee
v

Vip Lawns & Gardens Hervey Bay Pty Ltd

(U2023/3589)

COMMISSIONER BISSETT MELBOURNE, 30 JUNE 2023

Application for an unfair dismissal remedy

1. On 26 April 2023 Mr Jaidyn Lee 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).

1. The application was incomplete, in that Mr Lee did not pay the required fee or file a completed waiver form.

1. On 1 May 2023 the Commission attempted to contact Mr Lee on his nominated telephone number to discuss payment of the required fee as the Form F80, application for fee waiver form attached to his application could not be downloaded as the file was corrupt. However, the call was not answered. A voicemail message was left requesting Mr Lee contact the Commission to discuss and to resend a completed Form F80 Fee Waiver form to the Commission.

1. Later that day the Commission emailed correspondence to Mr Lee’s nominated email address advising that his application required payment of the filing fee or a completed waiver form if he wished to proceed with the application. That correspondence also warned that, if payment is not made or a waiver form is not received within 14 days, the application may be dismissed. An SMS notification was also sent to Mr Lee’s nominated telephone number advising that there was a problem with his application and requesting he contact the Commission.

1. On 30 May 2023, an email was sent to Mr Lee’s nominated email address with a Form F80 - application for fee waiver was included within an email, advising Mr Lee to complete the fee waiver form and return to the Commission before 1 June 2023 or the application is at risk of being dismissed.

1. On 6 June 2023, an attempt was made to contact Mr Lee as the Commission had not yet received a Form F80. The call was not answered, and a voicemail message was left requesting that Mr Lee urgently contact the Commission to either make a payment or send the completed Fee Waiver form or his application may be dismissed.

1. A final attempt to contact Mr Lee was made by the Commission on 13 June 2023 to obtain payment or a completed waiver form. The call was not answered, and a voicemail message was left advising Mr Lee that payment of the required fee was still outstanding.

1. To date Mr Lee has not paid the required fee or completed a waiver form.

1. Section 395 of the FW Act, which deals with application fees, provides as follows:

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.

1. 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 prospect of success.

1. I am satisfied that, as the application was not accompanied by the fee or completed waiver form prescribed by the FW Act, the application was not made in accordance with the FW Act. As such, the application is dismissed pursuant to s.587(1)(a) of the FW Act.

COMMISSIONER
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