Jeremy Attard v Australian Postal Corporation

[2020] FWC 3769

[2020] FWC 3769

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jeremy Attard
v
Australian Postal Corporation
(U2020/9009)

COMMISSIONER BISSETT MELBOURNE, 17 JULY 2020

Application for an unfair dismissal remedy.

[1] On 1 July 2020, Mr Jeremy Attard 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 Attard did not pay the required fee or file a completed waiver form.

[3] On 1 July 2020, the Commission attempted to contact Mr Attard on his nominated telephone number to discuss payment of the required fee however Mr Attard did not answer the call. A voicemail message was left requesting Mr Attard contact the Commission to make payment of the required fee.

[4] On 1 July 2020, Mr Attard was advised by email correspondence that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his 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 Attard’s nominated telephone number, advising that there was a problem with his application and requesting him to contact the Commission.

[5] A final attempt to contact Mr Attard was made by the Commission on 13 July 2020 to obtain payment or a completed waiver form. The call was not answered and a voicemail message was left advising Mr Attard that payment of the required fee was still outstanding.

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

[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] 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.”

[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 Act, the application was not made in accordance with the Act. As such, the application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued shortly.

COMMISSIONER

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