Paula Otuafi v Preston's Concrete Pty Ltd

[2019] FWC 7836

[2019] FWC 7836

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Paula Otuafi
v
Preston’s Concrete Pty Ltd
(U2019/11565)

DEPUTY PRESIDENT DEAN SYDNEY, 15 NOVEMBER 2019

Application for an unfair dismissal remedy – application dismissed.

[1] On 15 October 2019, Mr Paula Otuafi made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009.

[2] Mr Otuafi’s Form F2 – Unfair Dismissal Application was incomplete as he did not specify the date that he commenced employment and did not provide sufficient contact details for Preston’s Concrete Pty Ltd.

[3] Additionally, Mr Otuafi did not pay the required fee.

[4] Section 395, 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.

[5] On 16 October 2019, the Commission attempted to contact Mr Otafui via telephone. This attempt was unsuccessful and a voice message was left requesting him telephone the Commission regarding his application. Written correspondence was also sent to advise that his application required completion including payment of the filing fee or a completed waiver form if he wished to proceed with his application. No response was received from Mr Otafui.

[6] The Commission made further attempts to contact Mr Otuafi on 31 October 2019 and 12 November 2019 without success.

[7] To date, Mr Otuafi has failed to file a completed application and has not paid the required fee.

[8] Section 587(1) of the 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 prospects of success.

[9] Having regard to the circumstances of this matter, I am satisfied that the application was not made in accordance with the Act, in that a completed application has not been made and it was not accompanied by the fee as prescribed by the Act. For this reason, the application is dismissed under s.587(1)(a) of the Act. An Order giving effect to this decision will be issued accordingly.

DEPUTY PRESIDENT

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