Logan Pearse v Uber Eats Technologies

[2020] FWC 1004

[2020] FWC 1004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Logan Pearse
v
Uber Eats Technologies
(U2020/1200)

COMMISSIONER BISSETT MELBOURNE, 25 FEBRUARY 2020

Application for an unfair dismissal remedy.

[1] On 4 February 2020 Mr Logan Pearse 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).

[2] The application filed by Mr Pearse was incomplete in that it did not include payment of the required fee or a completed fee waiver form in accordance with s.395 of the FW Act. At the time of submitting his unfair dismissal application, Mr Pearse submitted a Form F80 Fee Waiver Application (Form F80) but this Form F80 was blank.

[3] Section 395 of the FW Act, which deals with application fees, provides:

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.

[4] On 5 February 2020 the Commission attempted to contact Mr Pearse on his nominated telephone number in relation to his application. A voicemail message was left requesting Mr Pearse provide the Commission with a completed version of the Form F80 or return the Commission’s call to make payment of the filing fee.

[5] Later that day the Commission emailed correspondence to Mr Pearse advising that his application required payment of the filing fee or a completed Form F80 if he wished to proceed with his application. That correspondence also advised that if the filing fee was not made or a Form F80 was not received within 14 days, Mr Pearse’s unfair dismissal application may be dismissed.

[6] On 14 February 2020 the Commission contacted Mr Pearse by telephone in relation to the correspondence dated 5 February 2020. Mr Pearse advised the Commission that he would email a completed copy of the Form F80 that day.

[7] To date, no response was received from Mr Pearse. Payment of the required fee has not been made and no fee waiver form has been received.

[8] 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 prospects of success.

[9] Having regard to the circumstances of this matter, 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 shortly.

COMMISSIONER

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