Lucas Alvarez v Clipex

[2020] FWC 358

[2020] FWC 358

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Lucas Alvarez
v
Clipex
(U2019/13546)

COMMISSIONER BISSETT MELBOURNE, 23 JANUARY 2020

Application for an unfair dismissal remedy.

[1] On 4 December 2019 Mr Lucas Alvarez made an application to the Fair Work Commission (Commission) for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[2] The application was incomplete in that Mr Alvarez did not pay the required fee or file a completed waiver form.

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

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 4 December 2019 the Commission attempted to contact Mr Alvarez on his nominated mobile telephone number. A voicemail message was left advising that the application required payment and requested a return call to arrange payment.

[5] Later that day the Commission emailed correspondence to Mr Alvarez’s nominated email address advising that the application required payment of the filing fee or a completed waiver form. That correspondence also advised that if payment is not made or a waiver form is not received within 14 days, the application may be dismissed.

[6] On 13 December 2019 the Commission contacted Mr Alvarez by telephone in relation to the correspondence dated on 4 December 2019. The Commission advised Mr Alvarez that payment of the application fee was still outstanding and that a completed waiver form or payment was required if he wished to proceed with his application. Mr Alvarez advised that he would contact the Commission on 16 December 2019 to make the payment of the filing fee.

[7] As no payment was received, on 3 January 2020 the Commission contacted Mr Alvarez by telephone in relation to the non-payment of the filing fee. Mr Alvarez advised that he did not have his credit card so was not able to make the payment at that time. He advised that he would contact the Commission back on the morning of 6 January 2020 to make payment. The Commission advised that if the filing fee is not paid his application may be dismissed.

[8] To date payment of the required fee has not been made and a completed fee waiver form has not been filed with the Commission.

[9] Section 587(1) of the FW Act provides that:

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.

[10] 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

Printed by authority of the Commonwealth Government Printer

<PR716123>

 1   PR716124.