Paul Quick v Woolworths (South Australia) Pty Limited
[2023] FWC 2555
•5 OCTOBER 2023
| [2023] FWC 2555 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Paul Quick
v
Woolworths (South Australia) Pty Limited
(U2023/7500)
| COMMISSIONER BISSETT | MELBOURNE, 5 OCTOBER 2023 |
Application for relief from unfair dismissal
On 11 August 2023, Mr Paul Quick 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).
The application was incomplete in that Mr Quick did not pay the required lodgement fee or file a completed waiver form.
On 16 August 2023, the Commission emailed correspondence to Mr Quick’s nominated email address advising that their application required payment of the filing fee or a completed fee waiver form if he wished to proceed with the application. That correspondence also warned that if payment is not made or a fee waiver form is not received within 7 days, the application may be dismissed.
Later that day, the Commission received correspondence from Mr Quick stating that he had already “paid $119.90”.
On 17 August 2023, the Commission emailed correspondence to Mr Quick’s nominated email address advising that the $118.00 he referred to is different to the application fee with the Fair Work Commission. This correspondence informed the Mr Quick that their Representative had advised in the Form F2 Unfair Dismissal application form to contact Mr Quick for payment of the application fee, and that the $83.30 amount had not been received by the Commission.
Later that day, the Commission called Mr Quick on his nominated telephone number. Mr Quick could not be reached, and a voicemail message was left requesting that he call the Commission in relation to his mater. An SMS message was also sent to Mr Quick’s nominated telephone number requesting payment of the lodgement fee.
On 21 August 2023, the Commission emailed correspondence to Mr Quick’s nominated email address reminding him that if he wished to proceed with his application, then payment of the filing fee or a completed fee waiver form was required. That correspondence also warned that if payment was not made or a completed fee waiver form was not received, then the application may be dismissed.
Another attempt to contact Mr Quick on his nominated telephone number was made by the Commission on 22 August 2023, to obtain payment or a completed fee waiver form. The call was not answered. A voicemail message was left advising Mr Quick that payment of the required lodgement fee was still outstanding.
Later that day, the Commission attempted to contact the Applicant Representative on their nominated telephone number. The call was not answered. A voicemail message was left advising the Representative that the required lodgement fee was still outstanding.
On 23 August 2023, Mr Quick sent a fee waiver form to the Commission. However, the form was incomplete as it was not signed.
Later that day, the Commission attempted to contact Mr Quick and their Representative on their nominated telephone numbers to request a completed fee waiver form. Neither Mr Quick nor his Representative could be reached and in both instances voicemail messages were left advising that a completed fee waiver needed to be received by 6 September 2023 or otherwise the matter may be referred to a Member and dismissed without further notice.
That same day, the Commission emailed correspondence to Mr Quick’s Representative and Mr Quick on their nominated email addresses advising that the application was incomplete without a signed fee waiver form or payment of the application fee and requesting that a signed waiver be provided. This correspondence also advised that if the signed fee waiver form was not provided within 14 days, the application may be dismissed. An SMS notification was also sent to Mr Quick’s nominated telephone number requesting that he contact the Commission.
Mr Quick responded later on 23 August 2023, with an email notifying the Commission that he would “ring tomorrow”.
As no completed fee waiver form had been received, on 5 September 2023, the Commission attempted to contact Mr Quick and his Representative on their nominated telephone numbers. Voicemail messages were left requesting that payment or a completed fee waiver form was needed by close of business the next calendar day, or otherwise that the matter may be referred to a Member and be dismissed without further notice.
Later that day, the Commission emailed correspondence to Mr Quick’s Representative advising that the fee waiver form for Mr Quick was incomplete and the lodgement fee remains unpaid and advising that the matter may be referred to a Member and dismissed without further notice.
To date, no further correspondence has been received from Mr Quick or his Representative, and the required lodgement fee has not been paid nor has a completed fee waiver form been received by the Commission.
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.
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.
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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