Jordan Wilton-Prince v Apco Engineering Pty Ltd

[2023] FWC 1741

[2023] FWC 1741

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Jordan Wilton-Prince
v

APCO Engineering Pty Ltd

(U2023/5571)

COMMISSIONER BISSETT MELBOURNE, 19 JULY 2023

Application for an unfair dismissal remedy

1. On 21 June 2023 Mr Jordan Wilton-Prince 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).

1. The application was incomplete in that Mr Wilton-Prince did not pay the required fee or file a completed waiver form.

1. On 27 June 2023, the Commission emailed correspondence to Mr Wilton-Prince’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 7 calendar days the application may be dismissed.

1. On 28 June 2023, an SMS notification was sent to Mr Wilton-Prince’s nominated telephone number requesting that he action the payment request email from the Fair Work Commission by paying the application fee.

1. On 30 June 2023, the Commission emailed correspondence to Mr Wilton-Prince’s nominated email address reminding him 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, the application may be dismissed.

1. Later that day, the Commission attempted to contact Mr Wilton-Prince multiple times on his nominated telephone number. The calls were not answered. Voicemail messages were left for Mr Wilton-Prince requesting he contact the Commission and advising that he should not, at this time, use the link for payment in the email correspondence to him as the payment amount would be incorrect.

1. On 5 July 2023, the Commission emailed correspondence to Mr Wilton-Prince and to the email address of his nominated representative reminding Mr Wilton-Prince 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, the application may be dismissed. An SMS notification was also sent to Mr Wilton-Prince’s nominated telephone number requesting that he contact the Commission regarding the unpaid fee for his application.

1. A final attempt to contact Mr Wilton-Prince on his nominated telephone number was made by the Commission on 11 July 2023 to obtain payment. The call was not answered. There was no facility to leave a voicemail message. A final attempt was also made to contact Employee Dismissals on their nominated telephone number to obtain payment. The call was not answered. A voicemail message was left advising Employee Dismissals that payment of the required fee was still outstanding.

1. To date there has been no response from Mr Wilton-Prince or his representative, the required fee has not been paid and a completed waiver form has not been received.

1. 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.

1. 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 prospect of success.

1. 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.

COMMISSIONER
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