Mr Keanve Atzori v North Australian Helicopters

[2023] FWC 1459

[2023] FWC 1459

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Mr Keanve Atzori
v

North Australian Helicopters

(U2023/4469)

COMMISSIONER BISSETT MELBOURNE, 21 JUNE 2023

Application for an unfair dismissal remedy

1. On 22 May 2023 Mr Keanve Atzori 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 Atzori did not pay the required fee or file a completed waiver form.

1. On 26 May 2023 the Commission emailed correspondence to Mr Atzori’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. 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. The correspondence was unable to be successfully delivered to the applicant’s nominated email address with an automatically generated undeliverable email received, indicating that the email address was invalid.  

1. On the 29 May 2023 an SMS notification was also sent to Mr Atzori’s nominated telephone number asking him to action the payment request email from the Fair Work Commission.

1. On the 31 May 2023, the Commission again attempted to email correspondence to Mr Atzori’s nominated email address reminding that their application required payment of the filing fee or a completed waiver form if they wished to proceed with the application. The correspondence was unable to be successfully delivered to the applicant’s nominated email address with an automatically generated undeliverable email received, indicating that the email address was invalid.  

1. Later the same day, the Commission attempted to contact Mr Atzori’s nominated telephone number to obtain payment or a completed waiver form. The call was not answered. A voicemail message was left advising Mr Atzori to call the Commission back.

2. A final attempt to contact Mr Atzori on his nominated telephone number on 7 June 2023. The call was not answered. A voicemail message was left advising Mr Atzori to call the commission back.

1. To date Mr Atzori, has failed to pay the or file a completed waiver form.

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

COMMISSIONER
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