Kate Broadbent v MCC Pty Limited

[2016] FWC 4188

[2016] FWC 4188

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365—General protections

Kate Broadbent
v
MCC Pty Limited
(C2016/3563)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 27 JUNE 2016

Application to deal with contraventions involving dismissal - invalid application.

[1] Ms Kate Broadbent (the Applicant) made an application which was received by the Fair Work Commission (the Commission) on 28 April 2016 under s.365 of the Fair Work Act 2009 (the Act) alleging that she had been dismissed by MCC Pty Limited (the Respondent) in contravention of the general protections provisions in the Act. Ms Broadbent’s application was incomplete in that parts of the application were unanswered.

[2] On 28 April 2016, the Commission attempted to contact Ms Broadbent via telephone. Ms Broadbent did not answer the call. Subsequently an email was sent asking her to provide the Commission with a completed application form within 14 days or the application may be dismissed.

[3] The Commission subsequently attempted to contact Ms Broadbent on a number of occasions, i.e. 13 and 31 May 2016 by telephone, letter and email regarding her application. On each occasion it was foreshadowed that her application may be dismissed unless she completed the application form. Despite these repeated attempts to contact Ms Broadbent the Commission has not received a completed application form.

[4] Section 587 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.

Note: For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3 2, see section 399A.

(2) Despite paragraphs (1)(b) and (c), the FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or
(b) has no reasonable prospects of success.

(3) The FWC may dismiss an application:

(c) on its own initiative; or
(d) on application.”

[5] Ms Broadbent has failed to comply with s.587 of the Act. Accordingly, her application has not been made in accordance with the Act and is therefore dismissed pursuant to ss.587(1)(a) of the Act. An order to that effect will be issued with this decision.

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