Kristy Goodlock v Pizza Rebellion

[2024] FWC 1755

[2024] FWC 1755

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Kristy Goodlock
v

Pizza Rebellion

(U2024/4921)

DEPUTY PRESIDENT EASTON SYDNEY, 9 JULY 2024

Application for an unfair dismissal remedy

1. On 1 May 2024 Ms Kristy Goodlock, (the Applicant), made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (the Act).

1. The application form filed by Ms Goodlock was incomplete in that she did not fully pay the application fee and only partially completed an application to waive the fee.

1. On 8 May 2024, Commission staff attempted to call Ms Goodlock to request the missing details. A voicemail message was left requesting Ms Goodlock complete the application to waive the fee and resubmit to the Commission.

1. Later that day, Commission staff emailed Ms Goodlock advising that she needed to provide further details as the fee waiver application was incomplete and that she should provide those details by close of business that day.

1. On 13 May 2024, Commission staff emailed Ms Goodlock advising again that she needs to provide further details. That email also advised that if the information was not provided within 14 days, the application may be dismissed. An SMS notification was also sent to Ms Goodlock, requesting that she contact the Commission.

1. On 22 May 2024, Commission staff attempted to call Ms Goodlock to request the missing details. A voicemail message was left requesting Ms Goodlock contact the Commission.

1. On 3 June 2024, Commission staff attempted to call Ms Goodlock. A final voicemail message was left requesting a complete waiver by close of business 4 May 2024.

1. To date, no response has been received and the application remains unpaid.

1. Section 395 of the 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 of the 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 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.

…

(3) The FWC may dismiss an application:

(a) on its own initiative; or
(b) on application.

1. Ms Goodlock’s application was not made in accordance with the Act (per s.587(1)(a)) because the prescribed fee (per s.395) has not been paid or waived. Section 587 confers a discretion on the Commission to dismiss Ms Goodlock’s application.

1. I am satisfied that Ms Goodlock’s application should be dismissed. Ms Goodlock has been given ample opportunity to rectify the deficiency in the application. The Commission’s inquiries, requests and warnings have been ignored.

1. I have separately made an order dismissing Ms Goodlock’s application (PR776676)

DEPUTY PRESIDENT

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