Matthew Peat

[2017] FWC 6378

[2017] FWC 6378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365—General protections

Matthew Peat
(C2017/1753)

DEPUTY PRESIDENT KOVACIC CANBERRA, 1 DECEMBER 2017

Application to deal with contraventions involving dismissal - invalid application - application dismissed.

[1] Mr Matthew Peat (the Applicant) made an application which was received by the Fair Work Commission (the Commission) on 31 March 2017 under s.365 of the Fair Work Act 2009 (the Act) alleging that he had been dismissed in contravention of the general protections provisions in the Act. Mr Peat’s application was incomplete in that no Respondent was identified and no payment of the lodgment fee or application for waiver of the lodgment fee was completed.

[2] On 3 April 2017, the Commission contacted Mr Peat via email asking him to provide the Commission with a completed application and a completed waiver form or lodgment fee within 14 days or the application may be dismissed.

[3] On 21 April 2017, the Commission attempted to contact Mr Peat via telephone to advise that the application was unpaid, and incomplete. Mr Peat did not answer the call, the telephone number provided in the application was disconnected. An email was then sent, asking Mr Peat to provide the Commission with a completed application and payment of the filing fee or a completed application for fee waiver. It was again foreshadowed that Mr Peat’s application may be dismissed unless he completed the completed waiver form or paid the lodgement fee. Despite repeated attempts to contact Mr Peat, the Commission has not received a completed application or a completed waiver form or payment of the lodgment fee.

[4] Section 587 of the 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.

(2) Despite paragraphs (1) (b) and (c), the FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or

(b) has no reasonable prospects of success.

(3) The FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.”

[5] In relation to an application made pursuant to s.365 of the Act, s.367 provides:

“367 Application fees

(1) The application 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 section 365; 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.”

[6] Mr Peat has failed to comply with s.367(1) of the Act. Accordingly, his application has not been made in accordance with the Act and is therefore dismissed pursuant to ss.587(1)(a) of the Act. An order to that effect will be issued with this decision.

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