Paul Robinson v NextFaze

[2019] FWC 3168

[2019] FWC 3168

The attached document replaces the document previously issued with the above code on 8 May 2019.

Print code PR708091 added at bottom of Decision

Associate to Deputy President Anderson

Dated 8 May 2019

[2019] FWC 3168

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 394 - Application for unfair dismissal remedy

Paul Robinson
v
NextFaze
(U2019/3634)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 8 MAY 2019

Application for an unfair dismissal remedy

[1] On 1 April 2019, Mr Paul Robinson made an application by email for an unfair dismissal remedy under section 394 of the Fair Work Act 2009 (FW Act).

[2] Mr Robinson did not pay the required filing fee.

[3] On 2 April 2019, the Fair Work Commission (the Commission) attempted to contact Mr Robinson by telephone on his nominated mobile number. Mr Robinson did not answer, and a voicemail message was left.

[4] On 3 April 2019, Mr Robinson was advised, by letter to his nominated postal address and by email to his nominated email address, that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

[5] Section 395 of the FW 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.

[6] On 10 April 2019, Mr Robinson lodged an incomplete application for fee waiver by email, sent from his nominated email address.

[7] On 11 April 2019, the Commission attempted to contact Mr Robinson by telephone. An email was sent to Mr Robinson requesting further information to complete his fee waiver form.

[8] On 16 April 2019, the Commission attempted to contact Mr Robinson by telephone. A voicemail message was left. An email was sent to Mr Robinson requesting he contact the Commission.

[9] On 23 April 2019, Mr Robinson was advised by letter and email correspondence that his waiver form was incomplete and required further information.

[10] On 6 May 2019, the Commission attempted to contact Mr Robinson in relation to the correspondence sent to him. No response was received from Mr Robinson. Payment of the required fee has not been made.

[11] Mr Robinson did not contact the Commission or provide the necessary details as requested and required by the FW Act.

[12] 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.

[13] Having regard to the circumstances of this matter, 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 section 587(1)(a) of the FW Act. An Order to this effect will be issued.

DEPUTY PRESIDENT

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