Morgan Stephen Long v Better Floors Pty Limited

[2023] FWC 212

[2023] FWC 212

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Morgan Stephen Long
v

Better Floors Pty Limited

(U2023/220)

COMMISSIONER BISSETT MELBOURNE, 25 JANUARY 2023

Application for an unfair dismissal remedy

1. On 9 January 2023 Mr Morgan Stephen Long 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).

1. The application was incomplete in that Mr Long did not pay the required fee or file a completed waiver form.

1. On 10 January 2023 the Commission emailed correspondence to Mr Long’s nominated email address advising that his application required payment of the filing fee or a completed waiver form if he wished to proceed with the application. That correspondence also warned that if payment is not made or a waiver form is not received within 7 calendar days the application may be dismissed.

1. On 11 January 2023 an SMS notification was also sent to Mr Long’s nominated telephone number advising of the requirement to action the payment request email from the Fair Work Commission.

1. On 13 January 2023 the Commission sent correspondence to Mr Long’s nominated email address reminding him that his application required payment of the filing fee or a completed waiver form if he wished to proceed with the application. That correspondence also warned that if payment is not made or a waiver form is not received, the application may be dismissed.

1. On 17 January 2023 the Commission received an email from Mr Long, advising that payment would be made that day. Mr Long also requested that no further action be taken on his case while he negotiates a settlement with his employer.

1. A final attempt to contact Mr Long on his nominated telephone number was made by the Commission on 18 January 2023 to obtain payment or a completed waiver form. The call was not answered and a voicemail message was unable to be left.

2. To date there has been no response from Mr Long, the required fee has not been paid and a completed waiver form has not been received.

1. 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.

1. Section 587(1) of the FW Act 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 prospect of success.

1. 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.

1. As such, the application is dismissed pursuant to s.587(1)(a) of the FW Act.

COMMISSIONER

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