Jamie Zehnder v Corbet Johns Builder Pty Ltd
[2022] FWC 643
| [2022] FWC 643 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Jamie Zehnder
v
Corbet Johns Builder Pty Ltd
(U2022/1848)
| cOMMISSIONER bISSETT | MELBOURNE, 24 MARCH 2022 |
Application for relief from unfair dismissal – unpaid application – dismissal under s.587 at the Commission’s initiative.
On 13 February 2022, Mr Jamie Zehnder (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).
The application made by the Applicant was incomplete in that it did not include payment of the required fee or a completed fee waiver form in accordance with s.395 of the FW Act.
On 14 February 2022, the Commission telephoned the Applicant to discuss payment. The Applicant advised he was unable to make payment at that time.
Later that day, the Commission emailed correspondence to Mr Zehnder’s nominated email address advising that his application required payment of the filing fee or a completed fee 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.
As payment had not been received, on 9 March 2022 the Commission made a final attempt to contact the Applicant on his nominated telephone number to discuss payment. The Applicant did not answer the call. A voicemail message was left advising the Applicant that payment of the required fee was still outstanding and requesting a return call.
To date the required fee has not been paid and a completed fee waiver form has not been received.
Section 395 of the 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.
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 prospects of success.
Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee 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. An Order[1] to this effect will be issued shortly.
COMMISSIONER
[1] PR739624
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