Mr Benjamin Scrine v Trimatic Management Services Pty

[2022] FWC 3073

[2022] FWC 3073

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Mr Benjamin Scrine
v

Trimatic Management Services Pty

(U2022/10308)

COMMISSIONER BISSETT MELBOURNE, 23 NOVEMBER 2022

Application for an unfair dismissal remedy

1. On 25 October 2022 Mr Benjamin Scrine 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 Scrine did not pay the required fee or file a completed fee waiver form.

1. On 26 October the Commission contacted Mr Scrine on his nominated email address requesting payment of the required fee.

1. On 27 October the Commission sent an SMS to Mr Scrine’s nominated telephone number, advising that there was a problem with his application and requesting that he contact the Commission.

1. On 2 November 2022 the Commission sent correspondence to Mr Scrine’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 his application

1. On 4 November, and again on 8 November 2022, the Commission attempted to contact Mr Scrine. There was no answer on either occasion, so a voicemail was left urging the applicant to contact FWC as soon as possible to complete payment or provide a completed waiver form.

1. To date there has been no response from Mr Scrine, 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:

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. As such, I order that the application be dismissed pursuant to s.587(1)(a) of the FW Act.

COMMISSIONER

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