Lee Albin v The Precast Company

[2012] FWA 7889

[2012] FWA 7889

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.365—General protections

Lee Albin
v
The Precast Company
(C2012/4430)

COMMISSIONER WILLIAMS PERTH, 12 SEPTEMBER 2012

Application to deal with contraventions involving dismissal - invalid application.

[1] This matter involves an application made by Mr Lee Albin (the Applicant) under section 365 of the Fair Work Act 2009 (the Act).

[2] The application, as filed, was incomplete and was also made without paying the requisite lodgement fee.

[3] A letter to the Applicant was sent by post and email on 13 August 2012 requesting he resolve these problems and explaining that he can apply for a waiver of the lodgement fee. The letter also explained that if he wished to continue with his application he should deal with these matters as soon as possible or alternatively advise he no longer wished to pursue the application.

[4] No response regarding these issues has been received from the Applicant.

[5] Subsequently Fair Work Australia staff have attempted to contact the Applicant by mobile and landline phone on two separate occasions, 27 August 2012 and 11 September 2012, with no success. A message was left on 27 August 2012.

[6] Again no response has been received.

The legislation

[7] Section 577 of the Act obliges Fair Work Australia to perform its functions and exercise its powers in a manner that is fair, just and is quick, informal and avoids unnecessary technicalities and is open and transparent and promotes harmonious and cooperative workplace relations.

[8] Section 587(1) of the Act empowers Fair Work Australia to dismiss an application if it is not made in accordance with this Act and further section 587(3) of the Act empowers Fair Work Australia to dismiss an application on its own initiative.

Decision

[9] The application has not been made in accordance with the Act. The Applicant has been requested to correct these deficiencies but has failed to do so and has had a reasonable opportunity to do this or to contact Fair Work Australia regarding these matters but has not done so. The Applicant has failed to prosecute his application.

[10] Consequently my decision is that this application should now be dismissed on the initiative of Fair Work Australia under section 587(3) of the Act.

[11] An order to this effect will be issued in conjunction with this decision.

COMMISSIONER

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