Matthew Price v Trusstec T/A Trusstec Pty Ltd

[2019] FWC 113

[2019] FWC 113

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Matthew Price
v
Trusstec T/A Trusstec PTY LTD
(U2018/11669)

COMMISSIONER BISSETT MELBOURNE, 9 JANUARY 2019

Application for an unfair dismissal remedy.

[1] On 13 November 2018, Mr Matthew Price made an application to the Fair Work Commission (the Commission) for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act). Mr Price’s application was accompanied by an incomplete payment waiver application form and no payment of the required fee was made.

[2] Later the same day, the Commission telephoned Mr Price advising him that the payment waiver application form lodged with his application was blank. Mr Price was requested to resend a complete payment waiver application form.

[3] As no response was received from Mr Price, the Commission attempted to telephone him on 26 November 2018. Mr Price could not be reached, so a voicemail message was left seeking his completed waiver application form or payment of the required fee.

[4] The Commission attempted a further telephone call to Mr Price on 18 December 2018. Again, as Mr Price could not be reached, a voicemail message was left to seek his completed waiver application form or payment of the required fee. Later the same day, the Commission emailed correspondence to Mr Price’s nominated email address warning that if he did not pay the required fee or make an application to have the fee waived within 14 days, his application may be dismissed.

[5] Three further attempts to telephone Mr Price were made on 19 December 2018, 7 January 2019 and 8 January 2019. Mr Price was unable to be reached and voicemail messages were left on each of the three occasions.

[6] To date, Mr Price has not responded to the Commission’s correspondence.

[7] Section 395 of the 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.”

[8] Section 587(1) 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.”

[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 Act, the application was not made in accordance with the Act. As such, Mr Price’s application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued shortly.

COMMISSIONER

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