John Pimblett v Tony Edmonds

[2021] FWC 1796

[2021] FWC 1796

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 372 - Application to deal with other contravention disputes

John Pimblett
v
Tony Edmonds
(C2021/1359)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 1 APRIL 2021

Application to deal with other contraventions dispute

[1] On 11 March 2021, Mr John Pimblett made an application to deal with a general protections contraventions dispute under section 372 of the Fair Work Act 2009 (FW Act).

[2] Mr Pimblett did not pay the required fee.

[3] Section 373 of the FW Act, which deals with application fees, provides:

“373 Application fees

(1) The application 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 section 372; 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.”

[4] On 12 March 2021, the Fair Work Commission (the Commission) attempted to contact Mr Pimblett by telephone but was unsuccessful, a voicemail was left informing Mr Pimblett of the Commission’s contact details and his matter number.

[5] A letter was then also sent to Mr Pimblett on 12 March 2021 advising that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

[6] An SMS message was also sent to Mr Pimblett on 12 March 2021 to the mobile phone number provided on the application which requested Mr Pimblett to contact the Commission.

[7] On 30 March 2021 the Commission made a further attempt to contact Mr Pimblett by telephone. This was unsuccessful. A voicemail was left again providing Mr Pimblett with his matter number and the helpline telephone number and informing him that if the filing fee and application were not processed by the end of business that day, the Commission may consider dismissing the application.

[8] Mr Pimblett has not responded or provided the completed waiver form.

[9] 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.”

[10] 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 section 587(1)(a) of the FW Act. An Order 1 to this effect will be issued.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR728310>

 1   PR728311