Lara Cooper-Challita v Delfino Anthony Di Mascio

[2023] FWC 2842

[2023] FWC 2842

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Lara Cooper-Challita
v

Delfino Anthony Di Mascio

(U2023/8124)

DEPUTY PRESIDENT CLANCY MELBOURNE, 3 NOVEMBER 2023

Application for an unfair dismissal remedy

1. On 28 August 2023 Lara Cooper-Challita (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 (FW Act).

1. The application was incomplete in that the Applicant had not paid the required filing fee or filed a completed Form F80 fee waiver form. The fee waiver form provided with the remedy for unfair dismissal application was blank.

1. On 31 August 2023 the Commission attempted to contact the Applicant on their nominated telephone number to discuss the fee waiver form. However, the call was not answered. A voicemail message was left requesting that the Applicant call back the Commission.

1. Later that day, the Commission emailed correspondence to the Applicant’s nominated email address advising that payment of the filing fee or a completed fee waiver form was required to be provided to the Commission, if they wished to proceed with the application. This correspondence also warned that, if payment was not made or a fee waiver form was not received within 14 days, then the application may be dismissed.  An SMS notification was also sent to the Applicant’s nominated telephone number advising that there was a problem with their application and requesting that the Applicant contact the Commission.

1. On 27 September 2023, a further attempt to contact the Applicant was made by the Commission. The Applicant could not be reached. A voicemail message was left advising the Applicant to contact the Commission.

1. On 20 October 2023, a further attempt to contact the Applicant was made in order to obtain payment of the filing fee or a completed fee waiver form. The Applicant could not be reached. A voicemail message was left advising that the Commission had not received a completed fee waiver form and to contact the Commission by the end of the day. The Applicant was further advised that the matter may otherwise be dismissed.

1. To date, the Applicant has not paid the required filing fee or provided the Commission with a completed fee waiver form.

1. Section 395 of the FW 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(1) of the FW 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 prospect of success.

1. 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] to this effect will be issued with this decision.

DEPUTY PRESIDENT

[1] PR767811.

Printed by authority of the Commonwealth Government Printer

<PR767717>