Khurram Shahzad v RCR Tomlinson Group T/A EPC Engineering Division

[2019] FWC 6755

[2019] FWC 6755

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Khurram Shahzad
v
RCR Tomlinson Group T/A EPC Engineering Division
(U2019/9645)

COMMISSIONER BISSETT MELBOURNE, 1 OCTOBER 2019

Application for an unfair dismissal remedy.

[1] On 29 August 2019, Mr Khurram Shahzad made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[2] The application was incomplete in that Mr Shahzad did not lodge a fee waiver application and did not pay the required fee.

[3] On 2 September 2019, Mr Shahzad was advised by telephone that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application. Mr Shahzad requested he be sent a fee waiver application to fill out. This was emailed to him shortly after his phone call with the Fair Work Commission (the Commission), together with correspondence which advised that if he does not pay the application fee or make an application to have the fee waived within 14 days of the date of the letter, his application may be dismissed.

[4] Section 395, 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.

[5] On 18 September 2019 the Commission called Mr Shahzad in relation to the correspondence sent to him on 2 September 2019. Mr Shahzad advised that he would be sending in a completed waiver form. Mr Shahzad was advised that if this was not received then his application may be dismissed by a Member of the Commission and a decision would then be publicly available.

[6] On 27 September 2019 the Commission attempted to telephone Mr Shahzad but was unsuccessful. A voice message was left for Mr Shahzad to contact the Commission in regard to his application.

[7] No response has been received from Mr Shahzad and payment of the required fee has
not been made.

[8] 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.

[9] 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 giving effect to this decision will be issued separately.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR712888>

 1   PR712889