Noel Giddings v Mallee Accommodation and Support Program

[2020] FWC 30

[2020] FWC 30

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Noel Giddings
v
Mallee Accommodation and Support Program
(U2019/13271)

COMMISSIONER BISSETT MELBOURNE, 6 JANUARY 2020

Application for an unfair dismissal remedy.

[1] On 27 November 2019 Mr Noel Giddings (Applicant) made an application to the Fair Work Commission (Commission) for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[2] The application form filed by the Applicant in the Commission was incomplete in that a fee waiver form was provided but not signed in accordance with s.395 of the FW Act. Additionally, the Form F2 Unfair dismissal application (Form F2) was signed but not dated.

[3] On 28 November 2019 the Commission attempted to contact the Applicant on his nominated mobile telephone number. A voicemail message was left requesting a dated Form F2 and to provide a fee waiver form that is signed. The Applicant was also advised that the Commission will also send a letter regarding these issues.

[4] Later that day the Commission emailed correspondence to the Applicant’s nominated email address requesting the Applicant provide to the Commission a completed Form F2 that has been dated and a completed waiver that is signed. The Applicant was advised that he had 14 days to provide these documents or the matter may be dismissed.

[5] On 13 December 2019 the Commission attempted to contact the Applicant on his nominated mobile telephone number. A voicemail message was left advising that the Form F2 and waiver form were incomplete and requesting the Applicant return the Commission’s call as the application was at risk of being dismissed.

[6] On 19 December 2019 the Commission again attempted to contact the Applicant on his nominated mobile telephone number. A voicemail message was left advising the Form F2 still remains undated and that the waiver form needs to be signed. The Applicant was advised that the matter would be referred to a Member of the Commission to make a decision. The Applicant was advised to return the Commission’s call.

[7] To date, no response has been received from the Applicant and no completed Form F2 or completed fee waiver form has been filed.

[8] 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 prospects of success.

[9] Having regard to the circumstances of this matter, I am satisfied that as the Form F2 was not complete and the application was not accompanied by the fee or completed waiver form 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. An Order 1 to this effect will be issued shortly.

COMMISSIONER

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