Jesse Jarrad v The Trustee for SA Motels Unit Trust T/A Adelaide Paringa Motel

[2020] FWC 3667

[2020] FWC 3667

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jesse Jarrad
v
The Trustee for SA Motels Unit Trust T/A Adelaide Paringa Motel
(U2020/8323)

COMMISSIONER BISSETT MELBOURNE, 14 JULY 2020

Application for an unfair dismissal remedy.

[1] On 16 June 2020 Mr Jesse Jarrad 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 Jarrad was incomplete in that on his Form F2 Unfair dismissal application (Form F2) he did not provide the commencement date of employment, respondent details and provided a blank Form F80 – Waiver of Application Fee.

[3] On 17 June 2020 the Commission attempted to contact Mr Jarrad on his nominated telephone number to request the missing details. Mr Jarrad did not answer the call. A ten second voicemail message was left requesting that the Mr Jarrad contact the Commission quoting his matter number in order to further discuss his application.

[4] Later that day, the Commission emailed correspondence to Mr Jarrad’s nominated email address advising that he provide further details as the application was incomplete as question 1.1 on his Form F2 was not answered and a completed waiver was not provided. That correspondence also advised that if the requested information was not provided within 14 days, the application may be dismissed. An SMS notification was also sent to Mr Jarrad’s nominated telephone number, requesting that he contact the Commission.

[5] As the required information was not received, on 29 June 2020 the Commission attempted to contact Mr Jarrad on his nominated telephone number. A voicemail message was left requesting Mr Jarrad to contact the Commission urgently to discuss his application and the missing information that is required in order to proceed.

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

[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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