Jayden Bailey v Ventia Utility Services

[2021] FWC 6298

[2021] FWC 6298

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jayden Bailey
v
Ventia Utility Services
(U2021/8699)

COMMISSIONER BISSETT MELBOURNE, 9 NOVEMBER 2021

Application for an unfair dismissal remedy

[1] On 29 September 2021 Mr Jayden Bailey 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). Mr Bailey alleged that he was unfairly dismissed by Ventia Utility Services (the Respondent) on 10 September 2021.

[2] The application was incomplete in that Mr Bailey did not pay the required fee or file a completed waiver form.

[3] On 1 October 2021 the Commission attempted to contact Mr Bailey on his nominated telephone number to discuss payment of the required fee. Mr Bailey did not answer the call. A voicemail message was left requesting he call the Commission to arrange payment.

[4] Later that day, the Commission emailed correspondence to Mr Bailey’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 was not made or a waiver form was not received within 14 days, the application may be dismissed. An SMS notification was also sent to Mr Bailey’s nominated telephone number, requesting he contact the Commission.

[5] A final attempt to contact Mr Bailey was made by the Commission on 13 October 2021 to obtain payment or a completed waiver form. Mr Bailey advised that he would complete a fee waiver or make payment the following day. Mr Bailey was advised that if the fee remained outstanding after 16 October 2021 the matter may be dismissed.

[6] To date Mr Bailey has not paid the required fee nor has a completed waiver form been received.

[7] 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.

[8] Section 587(1) of the FW 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 prospect of success.

[9] 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 with this decision.

COMMISSIONER

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