Jamie Banks v Beaumont Tiles Canberra T/A Canberra Tile Centre

[2016] FWC 1875

[2016] FWC 1875

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jamie Banks
v
Beaumont Tiles Canberra T/A Canberra Tile Centre
(U2016/3714)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 24 MARCH 2016

Application for relief from unfair dismissal.

[1] On 12 January 2016, Mr Jamie Banks made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009.

[2] The application form filed by Mr Banks was incomplete and the filing fee or completed waiver application has not been received.

[3] On 27 January 2016, Mr Banks was asked by telephone to provide further details and Mr Banks advised he still wished to pursue his claim and he would submit the completed form by 29 January 2016.

[4] The Commission made attempts to contact Mr Banks on 8 February and 1 March 2016. During the conversation with Mr Banks on 1 March 2016, he indicated he had been out of the country and that he still wished to pursue his claim and would be lodging his application within the coming days.

[5] On 14 March 2016, a further attempt to contact Mr Banks was made and was unsuccessful. An email confirming the Commission’s attempt was also sent and provided Mr Banks with a further seven days to lodge his completed application along with the required filing fee or a waiver application.

[6] Mr Banks did not contact the Commission or provide the necessary details as requested.

[7] 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.”

[8] Having regard to the above, Mr Banks has failed to file a completed application and did not pay the required fee.

[9] 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.”

[10] Having regard to the circumstances of this matter, I am satisfied that a completed application has not been filed and the application was not accompanied by the lodgement fee as prescribed by the Act. In these circumstances, I have determined that the application was not made in accordance with the Act.

[11] Consequently, the application is dismissed under s.587(1)(a) of the Act.

DEPUTY PRESIDENT

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