Joshua Hill v BG Brisbane

[2019] FWC 7654

[2019] FWC 7654

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Joshua Hill
v
BG Brisbane
(U2019/11359)

COMMISSIONER BISSETT MELBOURNE, 20 NOVEMBER 2019

Application for an unfair dismissal remedy.

[1] On 10 October 2019, Mr Joshua Hill (Applicant) made an application to the Fair Work Commission (Commission) for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act). The Applicant submitted a waiver form with his application which was incomplete.

[2] The application form filed by the Applicant in the Commission was incomplete in that did not include payment of the required fee or a completed fee waiver form in accordance with s.395 of the FW Act.

[3] Section 395 of the FW 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.

[4] At 10:29am on 11 October 2019, the Commission attempted to contact the Applicant on his nominated mobile telephone number. A voicemail message was left regarding the Applicant’s incomplete fee waiver form.

[5] At 10:43am on 11 October 2019, the Commission emailed correspondence to the Applicant’s nominated email address which advised that if he wished to proceed with his application the Commission required a completed waiver form or payment of the filing fee.

[6] On 23 October 2019, the Commission attempted to contact the Applicant by telephone on his nominated mobile telephone number in relation to the correspondence dated on 11 October 2019. A voicemail message was left.

[7] At 1:06pm and 2:02pm on 29 October 2019, the Commission attempted to contact the Applicant by telephone on his nominated mobile telephone number. The line was engaged on both attempts and there was no opportunity to leave a voicemail message.

[8] To date, no response has been received from the Applicant. Payment of the required fee has not been made and a completed fee waiver form has not been filed with the Commission.

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

COMMSSIONER

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