Mathew Campbell v McKinna Sheetmetal Pty Ltd

[2025] FWC 349

[2025] FWC 349

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Mathew Campbell
v

McKinna Sheetmetal Pty Ltd

(U2024/14469)

DEPUTY PRESIDENT CLANCY MELBOURNE, 12 FEBRUARY 2025

Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative.

1. Mr Mathew Campbell lodged a remedy for unfair dismissal application under s.394 of the Fair Work Act 2009 (Cth) (the Act) on 3 December 2024.

1. The application was incomplete in that Mr Campbell did not pay the required application fee or lodge a completed Form F80 – Application for waiver of the application fee (Form F80).

1. On 6 December 2024, the Commission attempted to contact Mr Campbell on his nominated telephone number. The call was not answered, and a voicemail message was left requesting that Mr Campbell contact the Commission.

1. On 9 December 2024, the Commission emailed correspondence to Mr Campbell’s nominated email address advising him 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 warned that, if payment was not made, or a Form F80 was not received within 14 days, his application may be dismissed. The correspondence was also emailed to the representative Mr Campbell had nominated in his Form F2. An SMS notification was also sent to Mr Campbell’s nominated telephone number requesting that he contact the Commission.

1. On 31 December 2024 the Commission emailed further correspondence to Mr Campbell’s nominated email address requesting payment of the filing fee or a completed Form F80. That correspondence also warned that, if payment was not made, or a Form F80 was not received within 7 days, his application may be dismissed. On 1 January 2025, an SMS notification was sent to Mr Campbell’s nominated telephone number requesting that he action the payment request email from the Commission.

1. On 3 January 2024, Mr Campbell emailed the Commission a copy of a blank Form F80.

1. On 6 January 2025, a final attempt to contact Mr Campbell on his nominated telephone number was made by the Commission. The call was not answered, and a voicemail message was left requesting that Mr Campbell urgently contact the Commission. Later in the day, the representative, whom Mr Campbell had nominated in his Form F2, advised the Commission that they were not acting in the matter.

1. To date Mr Campbell has not paid the required fee or filed a completed Form F80.

1. Section 395 of the 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. In relation to an application made pursuant to s.394 of the Act, s.395(1) relevantly provides that the application “must be accompanied by any fee prescribed by the regulations.” Regulation 3.07 of the Fair Work Regulations 2009 (Cth) sets out the amount of the fee for making an unfair dismissal application.

1. Section 587 of the Act relevantly 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 prospects of success.

…

(3) The FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.”

1. The material before the Commission indicates that the relevant application form was not accompanied by the prescribed fee and that Mr Campbell has not lodged a completed Form F80. I am satisfied that the application has not been made in accordance with the Act. Given the absence of the fee payment, it is likely that there is no valid application before the Commission, and no further action is required. A non-compliant application is directly contemplated by s.587(1)(a) of the Act. In these circumstances and noting the opportunity Mr Campbell has had to comply in response to contact from the Commission, I am satisfied that it is appropriate in all the circumstances to dismiss the purported application. An order[1] to this effect will be issued with this decision.

DEPUTY PRESIDENT

[1] PR784110.

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<PR784109>