Julie Abigail v Mccall Gardens

[2020] FWC 6742

[2020] FWC 6742

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Julie Abigail
v
Mccall Gardens
(U2020/15102)

COMMISSIONER BISSETT MELBOURNE, 15 DECEMBER 2020

Varying or revoking a decision.

[1] On 21 November 2020 Ms Julie Abigail (the Applicant) made an application to the Fair Work Commission (the Commission) for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act) against Mccall Gardens (the Respondent).

[2] The application was incomplete in that the Applicant did not pay the required fee or file a completed waiver form. Unsuccessful attempts were made to contact the Applicant in relation to this matter soon after she made her application.

[3] On 23 November 2020 the Commission emailed correspondence to the Applicant’s nominated email address requesting that she pay the required fee within 14 days, otherwise the application would be dismissed.

[4] A final unsuccessful attempt to contact the Applicant was made by the Commission on 4 December 2020.

[5] On 11 December 2020 at 11:54am AEDT a decision 1 and order2 were issued by the Commission dismissing the Applicant’s application. That same day at 12:25pm AEDT the Applicant sent correspondence to the Commission attaching a waiver form and providing reasons for the delay.

[6] Section 603 of the FW Act, which deals with application fees, provides as follows:

603 Varying and revoking the FWC's decisions

(1) The FWC may vary or revoke a decision of the FWC that is made under this Act (other than a decision referred to in subsection (3)).

(2) The FWC may vary or revoke a decision under this section:

(a) on its own initiative; or

(b) on application by:

(i) a person who is affected by the decision

(ii) (ii) if the kind of decision is prescribed by the regulations – a person prescribed by the regulations in relation to that kind of decision.

[7] Having regard to the circumstances of the matter, I am satisfied that the decision and order issued on 11 December 2020 should be revoked pursuant to s.603(2)(a) of the Fair Work Act 2009. An order 3 to this effect will be issued separately.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR725431>

 1   [2020] FWC 6662.

 2   PR725329.

 3   PR725433.