Patrick Anthony v Scotts Refrigerated

[2017] FWC 3872

[2017] FWC 3872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Patrick Anthony
v
Scotts Refrigerated
(U2017/6932)

DEPUTY PRESIDENT CLANCY MELBOURNE, 25 JULY 2017

Application for an unfair dismissal remedy.

[1] On 28 June 2017, Mr Patrick Anthony made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (Cth) (the Act).

[2] Mr Anthony did not pay the required fee and the application for fee waiver form was incomplete, with page 2 of the form, which includes questions 3 to 6, being omitted.

[3] On 29 June 2017, the Fair Work Commission attempted to telephone Mr Anthony, however this was unsuccessful and a voicemail message was left. On the same day, correspondence was sent to Mr Anthony advising that the application for fee waiver form was incomplete and in particular the second page of the form had not been received. Mr Anthony was advised that if he wished to proceed with his application, payment or a completed application for fee waiver was required as soon as possible. Mr Anthony was advised in the absence of any advice from him within 14 days, his application may be dismissed.

[4] Further attempts to telephone Mr Anthony were made on 10 July and 18 July 2017, with a voicemail message left on each occasion seeking a return call regarding the outstanding lodgement fee and incomplete application for fee waiver form.

[5] To date, no response from Mr Anthony has been received.

[6] Section 395 of the Act, which deals with application fees, provides:

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.

[7] Section 587(1) of the 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.

[8] Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the Act, the application was not made in accordance with the Act. As such, the application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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