Jeffrey Ramage v Navy Club Inc

[2021] FWC 75

[2021] FWC 75

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jeffrey Ramage
v
Navy Club Inc
(U2020/16204)

COMMISSIONER BISSETT MELBOURNE, 7 JANUARY 2021

Application for an unfair dismissal remedy.

[1] On 19 December 2020 Mr Jeffrey Ramage 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 was incomplete in that Mr Ramage did not pay the required fee or file a completed waiver form.

[3] On 21 December 2020 the Commission attempted to contact Mr Ramage on his nominated telephone number to discuss the incomplete waiver form he provided, however Mr Ramage did not answer the call. A voicemail message was left requesting Mr Ramage to return the Commission’s call and requested he complete and return a completed waiver form to the Commission. Mr Ramage was advised he would be emailed a letter detailing the missing information required for the waiver form to be completed.

[4] Later that day, the Commission emailed correspondence to Mr Ramage’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 is not made or a waiver form is not received within 14 days, the application may be dismissed.

[5] A final attempt to contact Mr Ramage was made by the Commission on 4 January 2021 to obtain payment or a completed waiver form. The call was not answered and a voicemail message was left advising Mr Ramage that payment of the required fee was still outstanding and a completed waiver form had not been received. Mr Ramage was advised if he did not provide this information, his application may be dismissed.

[6] 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:

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] To date there has been no response from Mr Ramage, the required fee has not been paid and a completed waiver form has not been received.

[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 shortly.

COMMISSIONER

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