Jake Reeves v The Scout Association of Australia, South Australian Branch Incorporated

[2023] FWC 2639

[2023] FWC 2639

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Jake Reeves
v

The Scout Association Of Australia, South Australian Branch Incorporated

(U2023/7561)

COMMISSIONER BISSETT MELBOURNE, 12 OCTOBER 2023

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

1. On 14 August 2023 Jake Reeves (the 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).

1. The Form F2 Unfair Dismissal application filed by the Applicant was incomplete in that he did not provide the date his dismissal took effect.

1. On 18 August 2023 the Commission emailed correspondence to the Applicant’s nominated email address requesting that he provide further information as no effective date of dismissal was provided in the application. This correspondence also advised that if no further information was provided within 14 days, the application may be dismissed.

1. On 22 August 2023 the Commission attempted to contact the Applicant on his nominated telephone number to request the missing details. However, the nominated telephone number provided in the Form F2 was incomplete in that it was one digit short of a valid telephone number.

1. As no further information was received, on 5 September 2023, the Commission emailed correspondence to the Applicant’s nominated email address referring to the correspondence sent by the Commission on 18 August 2023 and advising that no response had been received from the Applicant. This correspondence also advised that if no further correspondence was provided by close of business 6 September 2023, the application may be dismissed.

1. The matter was subsequently referred to me to determine.

1. On 28 September 2023 my Chambers sent correspondence to the Applicant. This correspondence advised that I was considering dismissing the application given the Applicant’s failure to respond to the Commission’s correspondence. This correspondence requested that the Applicant advise by 4 October 2023 of an approximate date as to when the Applicant commenced working for The Scout Association Of Australia, South Australian Branch Incorporated and when the Applicant’s hours were cut. The Applicant was further advised that a failure to reply to this correspondence may result in his application being dismissed without further correspondence.

1. To date, the Applicant has not provided any further correspondence to the Commission.

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. Section 587 does not limit the circumstances in which the Commission can consider dismissing an application. In this matter, I consider it appropriate to exercise my discretion to dismiss the application in accordance with s.587(1) of the FW Act. I do so as the Applicant has failed to engage with the Commission in relation to the finalisation of his application, and I do not consider that he will do so in the future. The application is therefore dismissed.

COMMISSIONER

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