Monica Acosta v Angaet Property Management T/A Angaet Property Management

[2021] FWC 4394

[2021] FWC 4394

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Monica Acosta
v
Angaet Property Management T/A Angaet Property Management
(U2021/5255)

COMMISSIONER BISSETT MELBOURNE, 23 JULY 2021

Application for an unfair dismissal remedy.

[1] On 16 June 2021 Mrs Monica Acosta 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 was incomplete in that Mrs Acosta did not pay the required fee or file a completed waiver form and did not provide the commencement date of employment with Angaet Property Management T/A Angaet Property Management.

[3] On 17 June 2021 the Commission attempted to contact Mrs Acosta on her nominated telephone number to discuss payment of the required fee and request the missing details. Mrs Acosta did not answer the call. A voicemail message was left explaining that the Commission requires payment of the filing fee or a completed waiver form and that she had not provided the date of commencement with her former employer.

[4] Later that day, the Commission emailed correspondence to Mrs Acosta’s nominated email address advising that her application required payment of the filing fee or a completed waiver form if she wished to proceed with the application. That correspondence also warned that if payment is not made or a waiver form is not received within 14 days, the application may be dismissed. An SMS notification was also sent to Mrs Acosta’s nominated telephone number advising that there was a problem with their application and requesting she contact the Commission.

[5] A final attempt to contact Mrs Acosta was made by the Commission on 29 June 2021 to obtain payment or a completed waiver form. The call was not answered and a voicemail message was left advising Mrs Acosta that payment of the required fee was still outstanding and that her application was still incomplete.

[6] To date there has been no response from Mrs Acosta, the required fee has not been paid and a completed waiver form has not been received.

[7] Section 395 of the FW 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.

[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 prospect 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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