Lisa Wigmore v Optus
[2022] FWC 1990
•28 JULY 2022
| [2022] FWC 1990 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Lisa Wigmore
v
Optus
(U2022/7008)
| cOMMISSIONER bISSETT | MELBOURNE, 28 JULY 2022 |
Application for relief from unfair dismissal – incomplete application – dismissal under s.587 at the Commission’s initiative.
On 11 July 2022, Lisa Wigmore (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).
The Form F2 – Unfair dismissal application (application) filed by the Applicant was incomplete in that it did not include payment of the required fee or a completed fee waiver form. There was also multiple issues with the application in that it did not name the Respondent and questions 1.1, 1.3 and 1.6 had not been answered.
On 12 July 2022, the Commission attempted to contact the Applicant on her nominated telephone number to discuss the application. The Applicant did not answer the call. A voicemail message was left requesting she contact the Commission.
Later that day, the Commission emailed correspondence to the Applicant’s nominated email address advising that her application required payment of the filing fee or a completed fee waiver form if she wished to proceed with the application. The correspondence also advised that the Applicant was required to provide further details as the application was incomplete and that the name and contact information for the Respondent needed to be provided to the Commission. That correspondence warned that if the requested information and filing fee or a completed fee waiver form was not provided within 14 days, the application may be dismissed. The Applicant did not respond.
A final attempt to contact the Applicant was made by the Commission on 22 July 2022. The Applicant answered the call and advised that she was unable to take the call. The Commission explained the issues with the application and advised that if she does not file a completed application and make payment by 26 June 2022 the application would be at risk of being dismissed.
To date the Applicant has not provided the requested information nor has she paid the required fee or sought a waiver.
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.
Section 587(1) of the FW 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 prospect of success.
In these circumstances, I have determined that the application was not made in accordance with the FW Act.
As such, the application is dismissed under s.587(1)(a) of the FW Act.
COMMISSIONER
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