Liam Pearson v Bond Batteries Pty Ltd

[2023] FWC 381

[2023] FWC 381

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Liam Pearson

v

Bond Batteries Pty Ltd

(U2023/630)

COMMISSIONER BISSETT MELBOURNE, 16 FEBRUARY 2023

Application for an unfair dismissal remedy

1. On 25 January 2023 Mr Liam Pearson 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 Mr Pearson did not pay the required fee or file a completed waiver form.

1. On 27 January 2023 the Commission emailed correspondence to Mr Pearson’s nominated email address advising that his application required payment of the filing fee or a completed waiver form if he wished to proceed with the application. That correspondence also warned that if payment is not made or a waiver form is not received within 7 calendar days the application may be dismissed.

1. On 30 January 2023 an SMS notification was sent to Mr Pearson’s nominated telephone number advising of the requirement to action the payment request email from the Fair Work Commission.

1. On 31 January 2023 the Commission emailed correspondence to Mr Pearson’s nominated email address reminding that his application required payment of the filing fee or a completed waiver form if he wished to proceed with the application. That correspondence also warned that if payment is not made or a waiver form is not received, the application may be dismissed.

1. A final attempt to contact Mr Pearson on his nominated telephone number was made by the Commission on 2 February 2023 to obtain payment or a completed waiver form. Mr Pearson advised that he was unsure as to whether he would continue with his application. The Commission advised that a completed Form F80 or payment of the lodgement fee would need to be received by close of business Friday 3 February 2023 should he wish to proceed.

1. To date there has been no response from Mr Pearson, the required fee has not been paid and a completed waiver form has not been received.

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.

COMMISSIONER

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