Mr Rowan Roberts v Cromford Pipe Holding

[2021] FWC 2782

[2021] FWC 2782

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Mr Rowan Roberts
v
Cromford Pipe Holding
(U2021/3443)

COMMISSIONER BISSETT MELBOURNE, 14 MAY 2021

Application for an unfair dismissal remedy.

[1] On 21 April 2021 Mr Rowan Roberts (the Applicant) 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). Mr Roberts stated that he was unfairly dismissed by Cromford Pipe Holding (the Respondent) on 8 April 2021.

[2] The application form filed by Mr Roberts was incomplete in that he did not provide the commencement date of his employment with Cromford Pipe Holding.

[3] On 22 April 2021 the Commission attempted to contact Mr Roberts on his nominated telephone number to request the missing details. Mr Roberts did not answer the call and there was no option to be able to leave a voice message.

[4] Later that day, the Commission emailed correspondence to Mr Roberts’ nominated email address requesting that he provide further details as the application was incomplete and question 1.1 was not answered on the Form F2 submitted. That correspondence also advised that if the commencement date of employment was not provided within 14 days, the application may be dismissed. An SMS notification was also sent to Mr Roberts’ nominated telephone number, requesting that he contact the Commission.

[5] As the required information was not received, on 5 May 2021 the Commission attempted to contact Mr Roberts on his nominated telephone number. However, Mr Roberts did not answer the call. The call rang out and an automated message stated that the call was unsuccessful, the Commission was unable to leave a voice message.

[6] To date, no response has been received and Mr Roberts has not provided the necessary details as requested.

[7] 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.

[8] In these circumstances, I have determined that the application was not made in accordance with the FW Act.

[9] As such, the application is dismissed under s.587(1)(a) of the FW Act. An order 1 to this effect will be issued with this decision.

COMMISSIONER

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