Natasha Pustak v Villiage National Country Resort Emerald T/A Village National Operations Pty Ltd

[2021] FWC 2367

[2021] FWC 2367

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Natasha Pustak
v
Villiage National Country Resort Emerald T/A Village National Operations Pty Ltd
(U2021/2889)

COMMISSIONER BISSETT MELBOURNE, 30 APRIL 2021

Varying or revoking a decision.

[1] On 7 April 2021 Ms Natasha Pustak (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) against Villiage National Country Resort Emerald T/A Village National Operations Pty Ltd (the Respondent) was terminated.

[2] The application was incomplete in that the Applicant did not pay the required fee or file a completed waiver form.

[3] Commission staff contacted the Applicant via her nominated email address on 8 April 2021, requesting that she pay the required fee within 14 days or complete a Form F80 - Waiver of application fee otherwise the application may be dismissed.

[4] Further attempts to contact the Applicant via telephone were made on 8 and 21 April 2021. Commission staff were unable to reach the Applicant and voicemail messages were left advising that there was a problem with her application and requesting that she contact the Commission.

[5] On 26 April 2021 having received no correspondence from the Applicant the Commission issued a Decision 1 and Order2 (the 26 April 2020 Decision and Order) dismissing the application on its own initiative pursuant to s.587(1)(a) of the FW Act.

[6] On 27 April 2021 the Applicant contacted the Commission to enquire about the status of her Application. The Applicant was informed that her application had been dismissed.

[7] The Applicant informed my Chambers that she had received no correspondence in relation to her application since lodgement.

[8] Upon further investigation it was identified that the Applicant had received email correspondence from the Commission, however due to an administrative error, the 8 and 21 April 2021 telephone calls had been made to numbers different to those provided on the Applicant’s Form F2.

[9] Section 603 of the FW Act, which deals with application fees, provides as follows:

603 Varying and revoking the FWC's decisions

(1) The FWC may vary or revoke a decision of the FWC that is made under this Act (other than a decision referred to in subsection (3)).

(2) The FWC may vary or revoke a decision under this section:

(a) on its own initiative; or

(b) on application by:

(i) a person who is affected by the decision

(ii) if the kind of decision is prescribed by the regulations – a person prescribed by the regulations in relation to that kind of decision.

[10] The Decision and order issued on 26 April 2020 were issued on the basis that the application was not made in accordance with the FW Act.

[11] Having regard to the circumstances of the matter, I am satisfied that the Decision and Order should be revoked pursuant to s.603 of the Fair Work Act 2009. An Order 3 to this effect will be issued shortly.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR729051>

 1   [2021] FWC 2257.

 2   PR728911.

 3   PR729068.