Kyle Cox v MSM Scaffolding Pty Ltd

[2015] FWC 3742

[2015] FWC 3742

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Kyle Cox
v
MSM Scaffolding Pty Ltd
(U2015/3632)

COMMISSIONER WILSON MELBOURNE, 2 JUNE 2015

Application for relief from unfair dismissal.

[1] On 3 March 2015, Mr Kyle Cox made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] The application filed by Mr Cox was not lodged on the F2–Unfair Dismissal Application form and some parts in the application were incomplete. Also, Mr Cox did not pay the required fee.

[3] The Fair Work Commission attempted to contact Mr Cox by telephone on 17 March 2015 and left messages on voicemail on 24 March 2015, 22 April 2015 and 6 May 2015.

[4] On 14 May 2015, the Commission emailed Mr Cox again requesting he provide details and advising that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

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

[6] 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.

[7] Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the Act, the application was not made in accordance with the Act. As such, the application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued shortly.

COMMISSIONER

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