Jason Williams v . to be advised

[2021] FWC 6544

[2021] FWC 6544

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Jason Williams
v
. To be advised
(U2021/9911)

COMMISSIONER BISSETT MELBOURNE, 8 DECEMBER 2021

Application for an unfair dismissal remedy

[1] On 4 November 2021 Mr Jason Williams 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).

[2] The application form filed by Mr Williams was incomplete in that he did not provide details for the respondent, a date for the notification of the dismissal nor the effective date of the dismissal. Additionally, the application fee was not paid or a fee waiver lodged.

[3] On 10 November 2021 the Commission attempted to contact Mr Williams on his nominated telephone number to request the missing details. Mr Williams did not answer the call. A voicemail message was left requesting a call back to the Commission.

[4] Later that day, the Commission emailed correspondence to Mr Williams’ nominated email address advising that he provide further details as the application was incomplete and that details for the Respondent needed to be provided as well as a date for the dismissal notification, dismissal date of effect and payment of the lodgement fee. That correspondence also advised that if the above information was not provided within 14 days, the application may be dismissed.

[5] As the required information was not received, on 25 November 2021 the Commission attempted to contact Mr Williams on his nominated telephone number. There was no option to leave a voicemail.

[6] To date, no response has been received and Mr Williams has not provided the necessary details as requested.

[5] 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.

[7] 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.

[8] 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 and 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 with this decision.

COMMISSIONER

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